Gun laws in Wisconsin


Gun laws in Wisconsin regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Wisconsin.

Summary table


Constitutional protection

The Constitution of Wisconsin protects the right to bear arms in Article 1, Section 25 - "The people have the right to keep and bear arms for
security, defense, hunting, recreation or any other lawful purpose."

Preemption

Wisconsin has state preemption laws which generally forbid cities from passing firearms or knife ordinances stricter than that of state law. Localities may impose a sales or use tax, and may restrict the discharge of firearms.
On March 8, 2017, the Wisconsin Supreme Court ruled that Madison's Metro Transit rule forbidding firearms on public buses violated the state's preemption law, and that people who are lawfully carrying arms must be allowed to carry on public buses.

Concealed carry

Wisconsin is a shall-issue state for concealed carry licensing. As of November 1, 2011, Wisconsin residents may apply for a concealed carry license through the Wisconsin Department of Justice. The law allows Wisconsin to become the 49th state in the Union to make some provision for the concealed carry of firearms by normal citizens.

Open carry

Open carry is legal anywhere concealed carry is legal. It is legal for all adults who are 18 years of age or older unless they are prohibited from possession of firearms. A license is not required unless in a taxpayer-owned building or within 1000 feet of school property and not on private property.
In the past, some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin Attorney General's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice.
In 2011 a subsection was added to the Disorderly Conduct statute reading "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried."
This codified open carry, ending any debate as to its legality.
Loading, or having a loaded, uncased handgun inside a vehicle was legalized beginning November 1, 2011. The firearm must not be "hidden from ordinary observation" while inside the vehicle unless the citizen has a license. However, the Wisconsin Supreme Court ruled that a license is required to have a concealed loaded handgun within reach in a vehicle, regardless of the Safe Transport Statue removing restrictions on transporting loaded handguns.

Castle Doctrine

On December 7, 2011, Governor Scott Walker signed a bill passing a Castle Doctrine for Wisconsin. The bill provides criminal immunity and protection from civil suits for homeowners or business owners who use a gun in self-defense while on their property, with the presumption that any action is justified. The law is a "stand your ground" law, which does not contain a duty to retreat. This applies at the user's private vehicle, business, and at their home. Protection extends to improvements only, not bare ground. Also, the criminal must have forcibly entered, or be in the process of attempting to forcibly enter, and the defender must be present in the home, car, or business. The Washington County DA ruled that opening a door counts as forcible entry.
The law does not apply if force is used against police while in the line of duty if the shooter knows or should have known that the victim was a police officer or other public safety worker.) The law also does not protect those who are engaged in criminal activity. )

No duty to inform

Wisconsin is not a "must notify" state. If an officer is "acting in an official capacity and with lawful authority", and the citizen is carrying a concealed weapon, the citizen must show both a carry license and photographic identification upon demand.
WI statute 175.60

Guns in vehicles

The Wisconsin Supreme Court ruled that a license is required to have a concealed loaded handgun within reach in a vehicle, regardless of the Safe Transport Statue removing restrictions on transporting loaded handguns.
Beginning November 1, 2011, it is legal to load a handgun, or to transport a loaded handgun cased or uncased, in a vehicle without a license. NOTE: This does NOT apply to long guns; they still must be unloaded, but now may be uncased. There is still some confusion as to whether or not an encased gun is concealed, so if it is cased, best practice is to keep the long gun out of reach. Long guns must be "discernable to ordinary observation", since a conceal carry license does not apply. Previously all firearms had to be unloaded & encased, & out of reach. Those with a concealed carry license may conceal a pistol in a vehicle.
WI statute 167.31

Boats

Pistols may be carried openly without a license, or concealed with a license. Long guns must be unloaded while the motor is running; they are not required to be encased, but must be in plain sight.

Aircraft

Firearms are prohibited on commercial aircraft except in checked baggage. A discussion of federal laws is in this blog post, with links to and quotes from the statutes.
Carry is legal on a private aircraft. With a license a user may carry openly or concealed. Without a license, only open carry is legal.

Exceptions

Exceptions to carrying concealed include anyone on their own property, on-duty law enforcement officers, military personnel on active duty, landowners and their family and employees on farm tractors inside CWD eradication zones, and disabled hunters with special permits meeting all the requirements.

Buying and selling

Private sales are legal. No background check or governmental permission / registration are necessary. A sales receipt is recommended in case the buyer needs to prove ownership.
As of July 24, 2015, there is no longer a 48-hour waiting period on handgun purchases from an FFL . However, a purchaser is prohibited from receiving a handgun from a FFL dealer until they’ve paid a permitting fee and the state DOJ conducts an additional background check. The background check and the release of the handgun to the purchaser may take up to five days as per Wisconsin s.175.35.
WI statute 175.35
Rifles and shotguns can be purchased in another state as long as the purchase complies with Federal law and the laws of both states. There is no longer a requirement that the other state be contiguous.
WI statute 175.30

Title II firearms

Machine guns are legal if the firearm is registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the owner has received permission from the local sheriff or chief of police, or the weapon is exempted per statute 941.27.
Short-barrel rifles and shotguns are legal if they are registered with ATF, state statute 941.28
Suppressors are legal if they are registered with ATF, statute 941.298

State parks, fish hatcheries, and wildlife refuges

Statute 29.091 and 29.089 used to require firearms to be encased and unloaded in state wildlife refuges and fish hatcheries.
Those who have a concealed carry permit were not subject to these restrictions on handguns.
As of January 2013, anyone who is legal to possess a firearm may openly carry a pistol in a state park without a license. The restriction still applies to fish hatcheries & long guns, and in order to enter a taxpayer-owned building anywhere one must be a

Other laws

Possession of a firearm while intoxicated, or "materially impaired", shooting within 100 yards of a home without permission, pointing a weapon at anyone except in self-defense, and negligent handling of a weapon are all crimes.
Carrying a concealed weapon without a valid license is a class A misdemeanor. This is any "weapon", not just firearms. This restriction does not apply in one's own home or business. A concealed carry license only covers handguns, tasers, billy clubs, and knives.
WI statute 941.23
Carrying a handgun without a concealed carry license where alcohol is sold AND consumed is generally a class A misdemeanor unless you have permission from the owner, manager, or agent of the establishment.
Exceptions are having a license, and that the owner or manager of can give permission for someone to carry openly. When carrying on a license, alcohol may not be consumed on the premises. When carrying openly with permission of the owner or manager, it is legal to consume alcohol as long as you do not become "materially impaired".
It is legal to carry a handgun into a store that sells alcohol for the express purpose of being consumed elsewhere.
WI statute 941.237
Armor-piercing ammunition when committing a crime upgrades the crime to a Class H felony.
WI statute 941.296
"No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent.
WI statute 941.2965
Committing a crime while possessing a dangerous weapon is a penalty enhancer.
WI statute 939.63
It is a felony to possess a firearm or ammunition if one:
Any person who knowingly provides a firearm to a prohibited person is party to a felony crime.
It is a class I felony to possess a firearm on school grounds.
This statute does not apply to:
It is a forfeiture to possess a usable firearm on public property within 1000 feet of a school unless the carrier is a licensee. Wisconsin only issues resident licenses, and the ATF has interpreted federal law to mean that only licenses issued by the state in which the school is located are sufficient to void the "gun-free" school zone.
It is a class G felony to discharge or attempt to discharge a firearm in a school zone.
Exceptions for self-defense, private property not part of school grounds, school programs, and on-duty law enforcement.
Some counties have adopted Second Amendment sanctuary resolutions.

Firearms and minors

Leaving a firearm within reach of a child under 14 is generally a misdemeanor if that child points it at anyone, harms anyone, or shows it to anyone in a public place. Defenses include having the gun locked in a safe or container, having it holstered on their person, having a trigger lock on the gun, removal of a key operating part, illegal entry by anyone to obtain the firearm, or a reasonable belief a juvenile could not access the firearm.
WI statute 948.55
Firearms retailers are required to provide every buyer with a written warning stating, "If you leave a loaded firearm within the reach or easy access of a child, you may be fined or imprisoned or both if the child improperly discharges, possesses or exhibits the firearm."
WI statute 175.37
Possession of a dangerous weapon by anyone under 18 is a class A misdemeanor. Giving/loaning/selling a dangerous weapon to someone under 18 is a class I felony.
WI statute 948.60
Defenses to prosecution under this statute:
For hunting purposes, the following exceptions to the age limit apply, as specified in statute 29.304 for firearms with barrels 12" or longer.
School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event. State law requires a minimum one-year expulsion for this offense. Statute 120.13 and 120.132m. In addition, the student's driver's license may be suspended for two years under Statute 938.34. This suspension also applies to students who make bomb threats or having CCW violations in taxpayer-owned buildings.

School zones

“School” means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
“School zone” means any of the following:
1. In or on the grounds of a school.
2. Within 1000' from the grounds of a school.
WI statute 948.605
Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony unless one of the exemptions applies.
WI statute 948.605
Possession in the 1000' zone is a forfeiture, unless an exception applies. The most common of those are: private property, licensee, unloaded & encased.
WI statute 948.605 references 18USC922,,,, &.

Additional Wisconsin laws table