Wisconsin Constitutional Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Gun control debates in the U.S. often come down to differing views on the role of firearms in public safety. Both sides claim safety as their main concern, but they take conflicting approaches to achieve it.
Gun rights advocates argue that increasing gun ownership among law-abiding citizens empowers people to deter or confront gun violence. In contrast, supporters of gun violence prevention efforts call for stricter gun laws to keep dangerous weapons out of the hands of criminals and those who misuse them.
Wisconsin gun laws aim to balance supporting citizens’ gun rights with maintaining reasonable regulations.
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In recent rulings, the U.S. Supreme Court has stated that the Second Amendment guarantees individuals the right to bear arms for self-defense both at home and in public. This has led to legal challenges to both old and new gun regulations. Keeping up with changes in the law, whether through legislation or court rulings, can be challenging for gun owners and the general public alike.
Federal law applies to all 50 states, with most regulations stemming from the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA), as amended. These laws set up a framework for the legal manufacture, sale, possession, and use of firearms. Anyone purchasing a firearm from a federally licensed gun dealer must undergo a criminal background check.
Federal law prevents certain persons from buying, owning, or possessing firearms, including convicted felons, illegal drug users, and those with misdemeanor convictions or restraining orders related to domestic abuse. States can often enact stricter laws in these areas.
Wisconsin, like all states, complies with federal firearms laws, including those set out in the Brady Handgun Violence Prevention Act, which amended the GCA. Wisconsin also follows the NFA provisions related to certain dangerous weapons and has its own gun laws.
State gun laws often restrict the types of guns people can own and where they can use them. Some states require universal background checks on all gun sales, but Wisconsin only requires background checks for firearms purchased through dealers.
While some states have permitless carry laws, Wisconsin does not. However, it allows gun owners to carry firearms on their person without a permit at their homes, businesses, and on their land.
In most cases, Wisconsin requires individuals to be 18 years old or older to possess a firearm, with exceptions for military personnel, minors engaged in supervised target practice, and hunting.
Wisconsin allows open carry of firearms by those not prohibited from possessing them. State law also prevents charges of disorderly conduct under a local ordinance for loading, carrying, or going armed with a firearm, unless there is other evidence of criminal intent.
Wisconsin requires a state license for the concealed carry of firearms in public. The law defines a weapon as a handgun, electric weapon (taser), or billy club. To obtain a concealed carry weapon (CCW) license, you must apply to the Wisconsin Department of Justice (DOJ).
State licenses are only issued to Wisconsin residents and active-duty members of the armed forces who reside in Wisconsin. The DOJ provides a helpful website with a FAQ section on the application process, reciprocity with other states, and more.
Whether you open carry or conceal carry, avoid taking a firearm to these locations:
- Police station, sheriff’s office, state patrol station, or DOJ special agent office
- Prisons, jails, correctional facilities
- Certain mental health facilities
- Wisconsin Resource Center
- County, state, or federal courthouses
- Municipal courtrooms if court is in session
- Any part of an airport past the security checkpoint
- Your job, if the employer prohibits firearms
- Private property or businesses if the owner prohibits firearms
Certain places that ban firearms provide exceptions for those with a valid CCW permit, including:
- State wildlife refuges
- State fish hatcheries
- Buildings owned or leased by the state or a political subdivision like a city or county
- Taverns, hotels, and restaurants unless the CCW permit holder consumes alcoholic beverages in these locations
- Chapter 175, Sections 175.35 through 175.60:
- Purchase of handguns — Section 175.35
- License to carry a concealed weapon — Section 175.60
- Chapter 941, Sections 941.20 through 941.298:
- Endangering safety by use of a dangerous weapon — Section 941.20
- Carrying concealed weapon — Section 941.23
- Carrying a firearm in a public building — Section 941.235
- Carrying a handgun where alcoholic beverages are sold and consumed — Section 941.237
- Machine guns and other weapons; use in certain cases; penalty — Section 941.26
- Possession of a short-barreled shotgun or short-barreled rifle — Section 941.28
- Illegal possession of a firearm — Section 941.29
- Straw purchase of a firearm — Section 941.2905
- Chapter 948:
- Leaving or storing a loaded firearm within reach of a child — Section 948.55
- Possession of a dangerous weapon by a person under 18; exceptions — Section 948.60
- Gun-free school zones — Section 948.605
The following firearms are illegal to possess in Wisconsin with limited exceptions:
- Short-barreled shotguns
- Short-barreled rifles
- Machine guns or fully automatic firearms
Wisconsin does not have a specific waiting period for purchasing a gun. However, Wisconsin law requires federally licensed firearm dealers to complete a background check that may take up to five days.
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Wisconsin law prohibits firearm possession for those who:
- Have a felony conviction in Wisconsin or a conviction in another jurisdiction that would be a felony in Wisconsin
- Have been adjudicated delinquent for an act that would be a felony if committed by an adult on or after April 21, 1994
- Have been found not guilty of a felony in Wisconsin by reason of mental disease or defect, or found not guilty in another jurisdiction of a crime that would be a felony in Wisconsin by reason of insanity or mental disease, defect, or illness
- Have been committed to treatment and ordered not to possess a firearm
- Are subject to a mental health commitment and ordered not to possess a firearm
- Are subject to an injunction or restraining order related to domestic abuse, child abuse, or certain tribal injunctions
- Are subject to an injunction or restraining order for individuals at risk or related to harassment that prohibits possession of a firearm
- Are prohibited under federal law (See 18 U.S.C. Section 922g)
Wisconsin does not require a license to own a firearm.
Yes. A CCW permit or license is required to carry a concealed firearm in public.
Open carry is legal in Wisconsin.
To be eligible for a CCW license in Wisconsin, you must:
- Be 21 years of age or older
- Be a resident of Wisconsin or be active military stationed in the state
- Not be prohibited from possessing a firearm under state or federal law (see Wisconsin Statutes Section 941.29)
- Not have a court order stating you cannot possess a dangerous weapon as a condition of bail or release in a criminal case
- Provide proof of the firearms training required by the statute
With limited exceptions such as law enforcement officers, military personnel, and those used for scientific purposes, a person may not sell, possess, use, or transport any machine gun or other fully automatic firearm.
- Endangering safety by use of a dangerous weapon : Class A misdemeanor, punishable by up to nine months in jail, a $10,000 fine, or both. Under some circumstances, this offense can become a felony.
- Unlawful carrying of a concealed firearm : Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both.
- Unlawful carrying of a firearm in a public building or where alcoholic beverages are sold and consumed : Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both.
- Unlawful possession of a machine gun or a fully automatic firearm : Class H felony, punishable by up to six years in prison, a fine of up to $10,000, or both. Modifying a firearm to make it a fully automatic firearm is a Class F felony, punishable by up to 12 years and six months in prison, a fine of up to $25,000, or both.
- Unlawful possession of a short-barreled shotgun or short-barreled rifle : Class H felony, punishable by up to six years in prison, a fine of up to $10,000, or both.
- Possessing a firearm when prohibited by law : Class G felony, punishable by up to 10 years in prison, a fine of up to $25,000, or both.
- Unlawful straw purchase of a firearm : Class G felony, punishable by up to 10 years in prison, a fine of up to $25,000, or both.
- Leaving or storing a loaded firearm within the reach or easy access of a child : Class C misdemeanor, punishable by up to 30 days in jail, a fine of up to $500, or both. If the child has the firearm without permission of a parent or supervising adult and causes bodily harm to self or another, then the offense is a Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both.
- Possession of a dangerous weapon by a person under 18 : Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both.
In Wisconsin, unlawful possession of a firearm on school grounds is a Class I felony, punishable by up to three years and six months in prison, a fine of up to $10,000, or both. Unlawful discharging or attempting to discharge a firearm in a school zone is a Class G felony, punishable by up to 10 years in prison, a fine of up to $25,000, or both.
