Gun laws in Wisconsin regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Wisconsin.
Summary table Subject / law Longguns Handguns Relevant statutes Notes State permit required to purchase? No No Wis. Stat. § 175.35 A purchaser is prohibited from receiving a handgun from a FFL dealer until they’ve been approved through the state de-facto permitting scheme which is to pay a State background check fee to the state DOJ for it to conduct an additional background check (over and above the Federal 4473). Firearm registration? No No Assault weapon law? No No Magazine capacity restriction? No No Owner license required? No No Permit required for concealed carry? N/A Yes Wis. Stat. § 175.60Wis. Stat. § 941.23 Wisconsin is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permit required for open carry? No No Wis. Stat. § 947.01 May carry openly without permit. Castle Doctrine/Stand Your Ground law? Yes Yes Wis. Stat. § 895.62Wis. Stat. § 939.48 State preemption of local restrictions? Yes Yes Wis. Stat. § 66.0409 NFA weapons restricted? No No Wis. Stat. § 941.27 Machine guns may not shoot pistol cartridges and may not be possessed aggressively or offensively. Peaceable Journey laws? No No Wis. Stat. § 167.31 Background checks required for private sales? No No
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 (except for self-defense).66.0409
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 without a permit anywhere concealed carry is legal. It is legal for all adults unless they are prohibited from possession of firearms. Wisconsin state law 948.60(2)(a) states: "Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor." However, the exceptions are: “when a person under 18 possesses a rifle or shotgun” and "when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult." Wisconsin statute 948.60(3)(c) states: "This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593." Statute 29.304(3)(b) states: "No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm" with added exceptions listed. Children over 12 and under 16 are allowed to use rifles and shotguns under very limited, supervised situations. A license for adults 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 (947.01 ) 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 Statute 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 (WI statute 939.48(1m)) and protection from civil suits (WI statute 895.62 ) 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 (driveway, sidewalk, patio, fence, garage, house...), 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. (WI statute 895.62(4)(b)) The law also does not protect those who are engaged in criminal activity. (WI statute 939.48(1m)(b)(1))
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 only upon demand.
WI statute 175.60(2g)(c)
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 and encased (per the transport statute), and out of reach (derived from the concealed carry statute). 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.
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 when retrieving firearms which have been confiscated by police).
As of July 24, 2015, there is no longer a 48-hour waiting period on handgun purchases from an FFL (Federal Firearms License) (does not apply to private sales). 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 (over and above the Federal 4473). 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 (fully automatic firearms) are legal if the firearm is registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE), and the owner has received permission from the local sheriff or chief of police (941.26), and the weapon is not adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive (941.26(5)) or 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 once required 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 law once stated that to possess in a state park, one must be a licensee. That law was removed.) The restriction still applies to fish hatcheries and long guns, and in order to enter a taxpayer-owned building anywhere (including a park) one must be a licensee.
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 (the class B establishment – a "tavern", a place which sells alcohol for on-premises consumption) 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 (without a license) to carry openly. When carrying (openly or concealed) 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 (a liquor or grocery store).
WI statute 941.237