Wisconsin is one of two states that completely prohibit concealed carry by private
citizens.
Open carry is legal except where prohibited
by law (government buildings, schools, and establishments that sell liquor).
Inside
vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed
and therefore illegal in a 1994 case.
Other laws: Possession of a firearm
while intoxicated, shooting within 100 yards (91 m) of a home without permission, pointing a weapon at anyone except in self-defense,
and negligent handling of a weapon are all outlawed. Statute 941.20
Carrying
a concealed weapon is a class A misdemeanor, state statute 941.23. This is any "weapon", not just firearms. Knives
are legally defined as "dangerous weapons".
Going armed in any
building owned/leased by the government is a class A misdemeanor, state statute 941.235.
Carrying a handgun where alcohol is sold/consumed is generally a class A misdemeanor, state statute 941.237.
Armor-piercing ammunition prohibited in handguns when committing a crime. 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. Statute 941.2965.
Wisconsin has a
state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute
66.0409.
Committing a crime while possessing a dangerous weapon is a penalty
enhancer. Statute 939.63.
It is a felony to possess a firearm if you:
- Have been convicted of a felony
- Committed
a felony as a juvenile
- Have been found not guilty of a felony by reason
of mental disease or defect
- Have been committed under mental health laws
and ordered not to possess a firearm
- Are the subject of a domestic-abuse
or child-abuse restraining order
- Are ordered not to possess firearms
as a subject of a harassment restraining order.
Any person who knowingly
provides a firearm to an ineligible person is party to a felony crime. Statute 941.29
Buying & Selling: There is a 48-hour waiting period on handgun transfers: Statute 175.35
Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies
with Federal law and the laws of the contiguous state. Statute 175.30
State
Parks & Wildlife Refuges: Statute 29.089 requires firearms to be unloaded and encased in state parks. There is
an exception for hunting when the hunt is administratively approved. Statute 29.091 requires firearms to be encased and unloaded
in wildlife refuges.
Class 3 Firearms: Machine
guns are legal if you follow BATFE process, state statute 941.27
Short-barrel
rifles and shotguns are legal if you follow BATFE process, state statute 941.28
Silencers
are legal if you follow BATFE process, statute 941.298
Firearms
& Minors: It is a class I felony to possess a firearm on school grounds or within 1000' of a school zone. Statute
948.605. This statute does not apply to:
- private property not
part of school grounds
- individuals licensed by the local government body
to possess the firearm
- unloaded and encased firearms
- individuals with firearms for use in a school-approved program
- individuals with school contract to possess firearm
- law enforcement
acting in official capacity
- unloaded firearms when traversing school
grounds to gain access to hunting land, if the entry is approved by the school.
It is a class G felony to discharge or attempt to discharge a firearm in a school zone. Limited exceptions for private
property not part of school grounds, school programs, and law enforcement.
Leaving
a firearm within reach of a child under 14 is generally a misdemeanor, if that child points it at anyone or shows it to anyone
in a public place. Defenses include having the gun locked in a safe or container, or having a trigger lock on the gun, or
removal of a key operating part, or illegal entry by anyone to obtain the firearm, or a reasonable belief a juvenile couldn't
access the firearm. 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." 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. Statute 948.60. Defenses to
prosecution under this statute:
- Target practice under the supervision
of an adult
- Members of armed forces under 18 in the line of duty.
For hunting purposes, the following exceptions to the age limit apply, as specified in statute
29.304 for weapons with barrels 12" or longer.
- under 12 may not
hunt with a firearm or bow under any circumstances
- under 12 can only
possess firearm/bow in Hunter Safety class, or while cased/unloaded and under parental supervision while going to/from Hunter
Safety class
- 12-13 may hunt when accompanied by an adult
- 12-13 may possess firearm when accompanied by an adult, or while transporting cased/unloaded
firearm to/from Hunter Safety class, or in Hunter Safety class
- 14-15
is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms without adult supervision.
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(1)(bm)
and 120.13(1)(c)2m. In addition, the student's driver license may be suspended for two years under Statute 938.34(14q). This
suspension also applies to bomb threats and CCW violations in government buildings.
Firearms in vehicles: In this section, unloaded = "Having no shell or cartridge in the chamber
of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for
the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part
of the firearm exposed." Statute 167.31
Boats: Firearms must
be unloaded and encased when the motor is running.
Aircraft: Firearms must
be unloaded and encased.
Cars, trucks, motorcycles, ATV, snowmobiles: Firearms
cannot be placed in or on a vehicle unless the firearms are unloaded and encased. However, it is legal to "lean an unloaded
firearm against a vehicle." Statute 167.31(4)(d).
Exceptions: Law enforcement
officers, military personnel on active duty, landowners & their family and employees on farm tractors inside CWD eradication
zones, and disabled hunters with special permits meeting all the requirements.
