CCW laws in WI

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Brief 123 May 2012 (Revised December 2012)

CONCEALED CARRY AND FIREARMS LAWS IN WISCONSIN

INTRODUCTION

2011 Wisconsin Act 35 authorized eligibleresidents, effective November 1, 2011, to be li-censed to carry a concealed weapon such as ahandgun.

In general, the Wisconsin Department ofJustice must issue a concealed carry licenseto any resident applicant over 21 years of age

who is not prohibited under state or federallaw from possessing a firearm. Applicantsmust submit proof of firearms training andundergo a criminal history backgroundcheck. Under the law, all weapons, includingconcealed firearms, are prohibited in certainplaces such as courthouses and police sta-tions. In addition, proprietors of businessesand other property owners may post signs toprohibit people from carrying a firearm ontheir premises and governments may prohibit

persons from carrying a firearm in all or partsof public buildings except parking areas.

Wisconsin joined 48 other states whichhave explicitly authorized various levels ofconcealed carry permitting or do not prohibitgoing armed with concealed weapons in pub-lic. Illinois is the only state that completelybans concealed carry. However, a federalappeals court ruled in December 2012, thatIllinois would have to allow ordinary citizensto carry weapons outside their homes in cer-

tain circumstances.

This brief summarizes Wisconsins lawregarding carrying concealed weapons andother laws relating to firearms.

CONCEALED CARRY HISTORY

Both the Wisconsin and the U.S.Constitutions address a basic right to keep and

bear arms. However, prior to the enactmentof 2011 Wisconsin Act 35, the concealed car-rying of dangerous weapons, including fire-arms, by private citizens in public had beenprohibited since 1872. The meaning of theSecond Amendment to the U.S. Constitutionhas long been subject to debate. It reads: Awell regulated militia, being necessary to thesecurity of a free state, the right of the peopleto keep and bear arms, shall not be infringed.Some have asserted that it liberally grants citi-zens the right to possess guns, while othershave opined that it should be construed morenarrowly as merely protecting a states rightto organize an armed militia. A 2008 U.S.Supreme Court decision, District of Columbiaet al. v. Heller (554 US 570), struck down theDistrict of Columbias strict prohibition onthe ownership of handguns. The Court heldthat the second amendment protects an indi-viduals right to possess a firearm unconnect-ed with service in a militia, and to use thatarm for traditionally lawful purposes, such asself-defense within the home.

An amendment to the WisconsinConstitution ratified in November 1998 bya vote of 1,205,873 to 425,052 guaranteed inArticle I, Section 25 a broader privilege: Thepeople have the right to keep and bear armsfor security, defense, hunting, recreation or

any other lawful purpose. It was left to thelegislature and the courts to determine whatlimits may be placed upon this right and toclarify how the law is applied in practice. In2003, the Wisconsin Supreme Court, in State ofWisconsin v. Hamdan (264 Wis. 2d 433), ruledthat a Wisconsin resident has a right to carrya concealed weapon on his or her property,business, or home, when the need to exer-

Prepared by Dan Ritsche, Senior Legislative Analyst Reference Desk: (608) 266-0341Web Site: www.legis.wisconsin.gov/lrb

Wisconsin Briefsfrom the Legislative Reference Bureau

Wisconsin LegislativeReference Bureau


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cise this right is significant, the person has noother reasonable means to keep and handlethe weapon, and the person is not motivatedby any unlawful purpose in concealing theweapon. The court urged . . . the legislature

to thoughtfully examine Wisconsin StatuteSection 941.23 in the wake of the (Right toKeep and Bear Arms) amendment and to con-sider the possibility of a licensing or permitsystem for persons who have a good reasonto carry a concealed weapon. In 2006, thecourt refused, in State of Wisconsin v. Fischer(290 Wis. 2d 212), to generally extend theright to carry concealed weapons to personsin vehicles but did allow there could be cir-cumstances in which it would be permitted.

Bills to authorize licenses to carry con-cealed firearms have been introduced regu-larly since the 1999 Legislative Session with anumber of them making significant progress.2011 Assembly Bill 675 passed in the assemblybut failed in the senate. 2003 Senate Bill 214passed in both the senate and the assembly,but was vetoed by the governor. A similarproposal, 2005 SB-403, again passed in bothhouses and was vetoed. The senate voted bythe required two-thirds margin to override

the veto, but the assembly narrowly failed inan override attempt.

Two bills in the 2011 Legislative Session,SB-90 and AB-126, proposed authorizing li-censes to carry concealed weapons. In addi-tion, 2011 Senate Bill 93, as introduced, was aconstitutional carry measure, which wouldhave allowed people to carry a concealedweapon without needing a permit or training.SB-93 was amended to include licensing andtraining requirements and was enacted July 8,2011, as 2011 Wisconsin Act 35. It took effecton November 1, 2011.

CONCEALED CARRY LICENSING

2011 Wisconsin Act 35 created Section175.60, Wisconsin Statutes, License to carrya concealed weapon. The law requires theDepartment of Justice (DOJ) to issue a license

to carry a concealed weapon to any qualifiedindividual who completes the applicationprocess. Weapons covered under the law arehandguns (pistols), electric weapons (Taserstun guns), knives (other than switchblade

knives), and billy clubs.Eligibility. To be eligible for a license,a person must be at least 21 years of age, aWisconsin resident, not be prohibited frompossessing a firearm due to a felony convic-tion or having been found not guilty of a fel-ony by reason of mental disease or defect, nothaving been ordered by a court not to possessa firearm due to mental health issues, not be-ing subject to certain injunctions, not havingbeen prohibited by a court from possessing

a firearm as a condition of a bail bond, andnot be prohibited under federal law from pos-sessing a firearm that has been transported ininterstate or foreign commerce. In Wisconsin,a felon may not possess a firearm unless par-doned by the governor, provided the pardondoes not retain the firearm restriction.

Before DOJ may issue a license, DOJmust subject the applicant to a criminal his-tory background check. A circuit court mustnotify DOJ of any court proceeding, such as a

felony conviction, that makes a person ineli-gible to hold a concealed carry license.

Training Requirements. An applicantmust provide a certificate or proof of training,which may be met by any of the following:

The Department of Natural Resources(DNR) Hunter Safety program or simi-lar qualied course from another juris-diction.

Firearms safety or training coursetaught by a certied or qualied in-structor oered by a national or stateorganization, by a law enforcementagency, or by a technical college or oth-er post-secondary educational institu-tion, a rearms training school, or anyother qualied instructor.

Documentation that a person complet-ed military, law enforcement, or secu-

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rity training that gave the person expe-rience with rearms; or documentationof completion of military small armstraining as demonstrated by an honor-able discharge or general discharge un-der honorable conditions or a certicateof completion of basic training with aservice record of successful completionof small arms training and certication.

A current or expired license (or a photo-copy) that the person holds or has heldthat indicates the person is licensed orhas been licensed to carry a rearmin Wisconsin or in another state or ina county or municipality of Wisconsinor another state, unless the license has

been revoked for cause.The law does not clearly define the re-quired content of training but specificallyprovides that DOJ may not require firing liveammunition to meet the requirements. InOctober 2011, DOJ issued Emergency RuleEmR1114 (creating Chapters Jus 17 and Jus18, Wisconsin Administrative Code) whichprovided that a member of the public seek-ing a license to carry concealed weapons mustundergo at least four hours of instructor-led,

face-to-face training conducted by a certi-fied instructor in which the instructor activelyguides students through each lesson, answersquestions, facilitates discussion, and providesfeedback on activities or assignments. Therule states that a qualified firearms safety ortraining course must be reasonably calculat-ed to instruct, practice, and test the studentscomprehension and application of firearmsafety rules and safe firearm handling . . .Actual handling of a weapon is not required.

Learner-led or self-directed learning deliv-ered via web pages (the Internet), multimediapresentations, computer applications, onlinepresentations, or similar methods do not sat-isfy the training requirement.

On November 7, 2011, the LegislativeJoint Committee for Review of AdministrativeRules (JCRAR) suspended portions of theemergency rules, including the minimum

four-hour length requirement for trainingcourses, the requirement that the trainingcertificate must be signed by the instructor,the requirement that the instructors contactinformation and location of the training be in-

cluded, and the requirement that a firearmssafety or training course be reasonably cal-culated to test a students comprehensionand application of firearm safety rules andsafe firearm handling. On December 7, 2011,JCRAR introduced two bills (2011 AB-413 andSB-325) proposing to statutorily prohibit theportions of the emergency rules to which thecommittee had objected.

On November 10, 2011, DOJ submittedfor the governors approval a scope statement

for proposed permanent rules which did notinclude the substance of any of the provisionsthat had been suspended by JCRAR. Thegovernor approved the scope statement onDecember 19, 2011, and it was published inWisconsin Administrative Register No. 672on December 31, 2011. Since that time, DOJhas been engaged in the process of draftingproposed permanent rules which will not in-clude the substance of any of the provisions inthe emergency rules that had been suspended

by JCRAR. In February 2012, DOJ began theprocess of implementing another emergencyrule to continue in effect the suspension of theportions of the rules objected to by JCRAR.Otherwise, under the law, the objected-to por-tions of the original emergency rule wouldgo back into effect because the two bills in-troduced by JCRAR failed to be enacted bythe conclusion of the legislative session. DOJstated that inaction would be confusing anddisruptive both for permit applicants and forDOJ staff administering the . . . program andthat the new emergency rule was necessary toprevent, pending completion of the perma-nent rule, discontinuity in the operation ofthe concealed carry rules by re-promulgatingthe existing emergency rules in their entiretywith the exception of those portions that weresuspended by JCRAR . . .

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Application Form, Cost, and Process.The application form may require the ap-plicant to provide only his or her name, ad-dress, date of birth, drivers license or stateidentification card number, and a physicaldescription (including race, sex, height, andeye color). The form must contain all of thefollowing:

A statement that the applicant is ineli-gible for a license if he or she does notmeet all of the applicable eligibility fac-tors.

A statement explaining self-defenseand defense of others under s. 938.48which the applicant must sign to indi-cate that he or she has read and under-

stands the statement. A statement, which the applicant mustsign, to indicate that he or she has readand understands all of the require-ments of the concealed carry law.

A statement that the applicant may beprosecuted if he or she intentionallygives a false answer to any question onthe application or intentionally submitsa falsied document with the applica-tion. A statement of the penalties is

also included. A statement of the places where a li-

censee is prohibited from carrying aweapon, as well as an explanation ofplaces where carrying a weapon maybe limited. The applicant must sign thestatement to indicate that he or she hasread and understands it.

The completed application form andproof of training is submitted to DOJ, alongwith a $50 payment, which consists of an li-

cense fee which may not exceed $37, and a$13 criminal record background check fee.The applicant must also sign a statement thatthe information and documentation providedis true and complete to the best of the appli-cants knowledge. DOJ has 21 days after re-ceiving the application to conduct the crimi-nal history record search and either issue the

license or reject the application. The licensecard or document may not contain the licens-ees Social Security number and must be astamper proof as a drivers license.

If the application is disapproved, DOJ

must state the reason and factual basis forthe denial, which may be appealed in circuitcourt. A newly issued or renewed license isvalid for five years, and at least 90 days beforethe expiration of the license, DOJ must mail anotice along with a renewal form. The cost ofrenewing a license may not exceed $12, plus$13 for another background check. Licenseesmust inform DOJ within 30 days of a changeof address. Failure to do so may result in awarning for a first offense and a $50 forfeiture

for a subsequent offense. Replacing a lost, de-stroyed, or otherwise unusable license costs$12.

Emergency Licenses. A person may peti-tion the circuit court in his or her county to is-sue an emergency license. The court may ap-prove the license, which is valid for 30 days,to an eligible person if it determines that im-mediate licensure is warranted to protect theperson from death or great bodily harm.

Displaying License to Law Enforcement

Officers. When carrying a concealed weap-on, a licensee must at all times have with himor her the license document and photo ID andmust display them upon request of a law en-forcement officer acting in an official capac-ity. Failure to have or present a license andphoto ID when carrying a concealed weaponcarries a penalty of a forfeiture of not morethan $25 unless the person presents, within 48hours, his or her license to the law enforce-ment agency.

Restrictions on Release of LicenseInformation. DOJ maintains a computerizedlisting of the names and application informa-tion of licensees but may not make any of theinformation available to the public except inthe course of a relevant prosecution. A lawenforcement officer may not request or beprovided information concerning a specific

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licensee except for purposes such as confirm-ing that a license is valid, and the law en-forcement agency may not make any of theinformation public except as part of a courtproceeding. By March 1 of each year, DOJmust submit a statistical report to the legis-lature and the governor regarding the num-ber of licenses applied for, issued, denied,suspended, and revoked during the previ-ous calendar year, along with reasons for thedenials, suspensions, or revocations, and thepart of the application process in which thereasons for denial were discovered. Sensitivepersonally identifying information may notbe included in the report.

Out-of-State Licenses. A nonresident

of Wisconsin who has a concealed carry li-cense from an other qualified state and whois at least 21 years old may carry a concealedweapon provided the concealed carry permit,license, approval, or authorization issued bythe other state has submitted to a backgroundcheck that is similar to the one that is conduct-ed on Wisconsin residents. DOJ lists the stateswhose licenses and permits qualify for this re-ciprocal privilege. As of November 2011, thefollowing 26 states, as well as Puerto Rico andthe U.S. Virgin Islands, were listed: Arizona,Arkansas, California, Colorado, Connecticut,Georgia, Hawaii, Idaho, Iowa, Kansas,Kentucky, Louisiana, Maryland, Michigan,Minnesota, Montana, Nebraska, New York,North Carolina, North Dakota, Pennsylvania,Tennessee, Texas, Utah, Washington, andWyoming. Out-of-state licensees must, whencarrying a concealed weapon, have in theirpossession their license and a photo ID, andmust display them to a law enforcement offi-cer upon request. A Wisconsin resident musthave a Wisconsin license to carry a concealedweapon in Wisconsin, even if that residentholds a valid license from another state.

Former Law Enforcement Officers. Act35 codified the federal law that requires statesto permit qualified persons who work or whoformerly worked as a federal, state, tribal, orlocal law enforcement officer to carry a con-

cealed firearm. However, under federal law,the officers or former officers who are not car-rying their certificates are subject only to a $25forfeiture, rather than the penalty in state lawfor illegally carrying concealed weapons. Ingeneral, a former officer may be issued a cer-tification to carry a concealed weapon if theperson served as a law enforcement officerfor at least 10 years, separated in good stand-ing, passes a criminal background check, andmeets the standards for qualification in fire-arms training required of active law enforce-ment officers. Application processing andfirearms training costs are at the former offi-cers expense, and certifications and renewalsare valid for one year.

LIMITATIONS ON CONCEALEDCARRY

A person licensed to carry a concealedweapon may carry a concealed weapon any-where in the state except as provided in s.175.60 (2g). Dangerous weapons, includingfirearms, are always prohibited in some plac-es. Persons in charge of certain other placesmay prohibit firearms, or a particular typeof firearms. Under the law, carry or car-rying a firearm means to go armed with,which the courts have interpreted to meanthat the weapon is on the person or within thepersons reach, and that the person was awareof the presence of the weapon. Section 941.23(2) (e) permits any person, licensed or not, tocarry a concealed or dangerous weapon inhis or her residence or place of business or onland that he or she owns, leases, or legally oc-cupies.

Places Where Weapons Are Always

Prohibited. A licensee or other person maynot knowingly carry a concealed weapon, aweapon that is not concealed, or a firearmeven if unloaded and encased, in any of thefollowing places:

Law enforcement oces: any portionof a building that is a police station,sheris oce, state patrol station, or

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the oce of a special agent of the DOJDivision of Criminal Investigation.

Prisons or jails: any portion of a build-ing that is a prison, jail, house of cor-rection, or secured correctional facility.

Mental health treatment facilities: thestates secure mental health facility forsexually violent persons, the WisconsinResource Center, or any secured unit orsecured portion of a mental health in-stitute.

Courthouses: any portion of a build-ing that is a county, state, or federalcourthouse, or any portion of a build-ing used as a municipal courtroom ifcourt is in session. A judge, district

aorney, or assistant district aorneywho is a licensee may carry a weaponin a courthouse or courtroom, as mayanother licensee who has wrien per-mission from the judge.

Airports: beyond a security checkpointin an airport.

Schools: in or on the grounds of aschool. The gun-free school zone ex-tends to within 1,000 feet of the schoolgrounds. However, a licensee may

carry a concealed weapon within thegun-free zone unless actually in or onthe actual grounds of a school.

Parking Exception. The prohibitionsregarding places where weapons are alwaysprohibited do not apply to a weapon in a ve-hicle driven or parked in a parking facility as-sociated with the listed places.

Penalties. Possessing a firearm in oron school grounds is a Class I felony, withconviction punishable by a fine not to ex-

ceed $10,000, or imprisonment not to exceed3 years and 6 months, or both. Possessinga weapon without a concealed carry licensewithin a school zone is a Class B forfeiture ofup to $1,000. [s. 948.605 (2)] A person whois convicted of carrying a weapon in placeswhere weapons are always prohibited maybe fined not more than $5,000 or imprisoned

for not more than 30 days, or both. [s. 175.60(17) (b)]

Places Where Firearms May BeProhibited. The owner or authorized personin control of certain types of private or gov-

ernmental property may prohibit the carryingof any firearm or a particular type of firearm.Violations of the law are violations of the tres-pass law and persons cited for violations aresubject to a civil forfeiture. In general, noticeof the restriction must be given by a sign di-recting a person to not enter or remain in aplace if one is carrying a restricted firearm. Ingeneral, the notification does not apply in avehicle driven or parked in a parking facilityor part of a building used for parking, or on

grounds or land used for parking.The trespassing statutes do not makea distinction between carrying a concealedor unconcealed firearm. In addition, unlessspecifically prohibited by law or a generalno-trespassing restriction on private land, aperson may generally possess and transportanywhere an unloaded and encased firearm.

The trespass law allows for the restrictionon carrying firearms in the following places:

Government buildings. A state or lo-

cal government may prohibit carryinga rearm, or a particular type of re-arm, in government buildings, or partsof buildings, it owns, occupies, or con-trols. A government may not prohibitthe licensed carrying of concealed re-arms in public spaces such as streetsand sidewalks, parks, or the grounds ofpublic buildings, or on public transpor-tation vehicles such as buses.

Businesses, nonresidential buildings,

or private lands. The owner or personin charge of a business, nonresidentialestablishment (including a nursinghome), or private land may prohibita person from carrying a rearm or aparticular type of rearm in a build-ing or part of a building, on any part of

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the buildings grounds, or on privatelyowned open land.

Residences. The owner or occupierof a private residence may restrict thepossession of rearms, including con-

cealed rearms, in the residence or onthe yard or lot of the residence. Signsare not required to be posted to restrictweapons in a residence or yard, but theowner or occupier may choose to postsuch signs.

Multiunit dwellings. The owner orperson in charge of a multiunit resi-dence, such as an apartment building,may prohibit the carrying of a rearmor a particular type of rearm in the

common area of the building or all orpart of the grounds.

University or college buildings. Car-rying a rearm, or a particular type ofrearm, may be prohibited in any pri-vately or publicly owned universityor college building, but may not bebanned on the grounds of the institu-tion.

Special Events. Organizers of a specialevent may prohibit the carrying of a

rearm or a particular type of rearmat an event that is open to the public,is for a duration of not more than threeweeks, and either requires an admis-sion fee or has designated entrancesto and from the event that are lockedwhen the event is closed.

Signs. Signs required to give notice ofrestrictions regarding carrying a firearm orparticular type of firearm in a building, partof a building, on a buildings grounds, or on

other private land must be at least 5 inches by7 inches in size and must state the applicablerestriction. Signs must be located in a promi-nent place near all the entrances to a buildingor part of a building, or near all entrances orprobable access points to grounds or land towhich the restriction applies, and any indi-

vidual entering the building, grounds, or landcan be reasonably expected to see the sign.

Employment Restrictions. An employermay prohibit a licensee that it employs fromcarrying a concealed weapon or a particular

type of concealed weapon in the course of thepersons employment. However, an employ-er may not prohibit a licensee, as a conditionof employment, from carrying a concealedweapon, a particular type of concealed weap-on, or ammunition, or from storing theseitems in the persons own motor vehicle, re-gardless of whether the vehicle is used in thecourse of employment or whether it is drivenor parked on property controlled by the em-ployer. The law contains no specific penalty

for violating an employers restriction on car-rying a concealed weapon while on the job.

Taverns. A licensee may carry a handguninto a tavern, bar, or other establishment inwhich alcohol beverages may be consumed,but only if the licensee is not consuming alco-hol while on the premises.

Immunity. Any entity which opts ingood faith not to prohibit the carrying of con-cealed weapons in the course of a employeesjob duties, or in a building or on property

controlled by the entity, is immune from anycriminal or civil liability for an act or omissionresulting from the decision. Instructors con-ducting qualified firearms safety and trainingcourses are similarly immunized.

Enforcement and Penalties. If a per-son carries a firearm, or a particular type offirearm, in a place where firearms have beenprohibited at the discretion of the person incharge of a building or property, he or shemay be cited by a law enforcement officer for

violating the trespassing law, s. 943.13, whichis a Class B forfeiture with a penalty not toexceed $1,000. The appropriate enforcementprocedure is for the person in charge to notifylocal law enforcement authorities.

Disorderly Conduct and Preemption ofLocal Firearms Ordinances. Under s. 66.0409(2), created by 1995 Wisconsin Act 72, a local

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government may not enact an ordinance re-garding firearms that is more stringent thanstate statutes, including regulating the sale,purchase, waiting period, transfer, owner-ship, use, keeping, possession, bearing, trans-porting, licensing, permitting, registration,or taxation of firearms. Act 35 specificallyprovides in ss. 66.0409 (6) and 947.01 (2) thatUnless other facts and circumstances thatindicate a criminal or malicious intent on thepart of the person apply . . ., a person may notgenerally be charged with, or cited for, disor-derly conduct or other inappropriate behav-ior pursuant to a state law or local ordinancefor loading, carrying, or going armed with afirearm, whether or not the gun is concealedor openly carried, loaded or unloaded. Priorto Act 35, while the law did not specificallyprohibit openly carrying dangerous weap-ons, doing so often made a person vulnerableto being charged with disorderly conduct insome situations and jurisdictions, dependingupon the discretion of law enforcement au-thorities.

OTHER FIREARMS LAWS

Who May Not Possess Firearms. The fol-lowing categories of persons are generally notallowed to possess firearms in Wisconsin:

Felons. Both Wisconsin and federallaw prohibit those convicted of a felonyfrom possessing rearms, but federallaw allows individual states to deter-mine what constitutes a restoration ofcivil rights for the purposes of gun pos-session. Wisconsin generally requiresthat a felon receive a gubernatorial par-don before being permied to possess

a rearm, and unlawful possession isa Class G felony. [s. 941.29] When acourt imposes a sentence for a felonyconviction, it must inform the defen-dant about rearms restrictions. [ss.938.341, 973.176 (1)]

Children. Except for long guns usedfor hunting, target practice, or instruc-

tion under adult supervision, it is aClass A misdemeanor for a person un-der age 18 to possess or go armed witha dangerous weapon, including a re-arm. It is a Class I felony to provide arearm to a child. It is a Class H felonyif the child hurts someone by discharg-ing the gun. [s. 948.60] An adult isliable if a child under age 14 publiclypossesses or used a loaded rearm thatwas improperly secured. Among theexceptions are if the rearm was storedin a reasonably secure container or lo-cation or secured with a trigger lock.Recklessly storing or having a loadedrearm within easy reach or access toa child less than 14 years old is a ClassC misdemeanor. The adult may becharged with a Class A misdemeanor ifthe child under age 14 discharges therearm, causing bodily harm or death.[s. 948.55] A retailer, when transferringa rearm must provide a wrien warn-ing to the purchaser about liability ifa child causes harm by using an unse-cured rearm. [s. 175.37]

Mentally ill. Persons charged with afelony but found not guilty or not re-sponsible for the crime due to mentalillness may not possess rearms, andthe court must inform them of the pro-hibition. Also banned is a person whohas been involuntarily commied fortreatment of mental illness, drug de-pendency, or developmental disabil-ity if the court deems the person to bea threat to self or others and makes aprotective services placement. Unlaw-ful possession is a Class G felony. [s.941.29] For those involuntarily com-mied, the court must order a personsrearms seized or stored until the per-son is judged to no longer suer fromthe mental illness and is no longerlikely to be a danger to the public. [s.941.29 (1) (d)]

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Persons under injunctions. Wisconsinlaw bars possession of a rearm in cas-es in which a person is under a court-ordered injunction for domestic abuseor child abuse and, in certain situations,harassment. The person is required tosurrender any guns to the county sher-i or a court-approved third party. [ss.813.12 (4m), 813.122 (5m), 813.125 (4m)]Unlawful possession is a Class G felo-ny. [s. 941.29]

Background Checks for All FirearmsSales. The federal Brady Handgun ViolencePrevention Act of 1993 (P.L. 103-59) has, since1998, required all federally licensed firearmsdealers to perform background checks on

purchases of all firearms, both handguns andlong guns. Prior to a sale, the purchaser of along gun (rifle or shotgun) must be approvedby the National Instant Criminal BackgroundCheck System (NICS), which is operated bythe Federal Bureau of Investigation. Checksrelating to handguns are conducted by theWisconsin DOJ. Most sales are authorizedwithin minutes. Dealers who fail to com-ply may be fined and risk loss of licensure.Person-to-person sales, such as at gun showsor via the Internet, do not require a federallicense and are exempt from the backgroundcheck requirement.

48-Hour Waiting Period for HandgunSales. In addition to the federally mandatedinstant criminal history background checksfor all firearms sales, Wisconsin enforces a 48-hour waiting period for handgun purchases.During the waiting period, DOJ conducts afirearms restrictions record search on theprospective buyer by the Handgun Hotlineoperated by DOJ. This process includes a crim-inal history record search, as well as checkingif a person is ineligible due to a mental illnessdetermination or a court-ordered injunction.If the search indicates a felony charge with-out a recorded disposition, the waiting pe-riod may be extended up to three additionalworking days. The dealer may not transferthe handgun to the buyer until 48 hours have

passed since an approval confirmation hasbeen received from DOJ. Purchasers mustprovide identification and truthful informa-tion on their application. Violation of the lawby any party carries a penalty of a fine of notless than $500 nor more than $10,000 and aviolator may be imprisoned for not more thannine months. [s. 175.35]

Concealed Weapons. Without a license,it remains a Class A misdemeanor to carrya concealed and dangerous weapon such asa firearm. Exceptions include peace officersand those on official military duty, and anyperson who is in his or her private residenceor place of business or on land that he or sheowns, leases, or legally occupies. [s. 941.23]

Transportation of Firearms. Prior to Act35, it was generally illegal to possess or trans-port a firearm in a motor vehicle, motorboat,all-terrain vehicle, snowmobile, or aircraft un-less the gun was unloaded and in a carryingcase. Act 35 provided an exception for hand-guns, and 2011 Wisconsin Act 51 allowed thetransport in a vehicle, except a commercialaircraft, of any unloaded and uncased fire-arm. Act 51 also allowed a person to placeor possess a loaded, uncased firearm on a sta-

tionary vehicle, even if the engine is running.[ss. 167.31, 23.33 (3)]

Locations Firearms Are Prohibited.Firearms generally may not be possessed inthe following places:

Public (government) buildings. Pos-sessing or going armed with a rearmin any building owned or leased by thestate or a local government is a Class Amisdemeanor, unless the rearm is car-ried by a person with a concealed carry

license. [s. 941.235] In order to preventthe licensed carrying rearms in a gov-ernment building, the building must beposted. [s. 943.13]

Taverns. It is a Class A misdemeanorto go armed with a handgun on anypremises, such as a tavern or bar, wherealcohol beverages may be sold and con-

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sumed. However, the prohibition doesnot apply to a person with a concealedcarry license if the licensee is not con-suming alcohol on the premises. [s.941.237]

School zones. Possessing a rearm onthe grounds of a school is a Class I fel-ony. Possessing a rearm within 1,000feet of the grounds of a school is a ClassB forfeiture, but this second restrictiondoes not apply to a person who has alicense to carry a concealed weapon, orif the weapon is unloaded and encased.[s. 948.605]

State parks, sh hatcheries, and wild-life refuges. Possessing a rearm in a

state park, or on the land of a state shhatchery or wildlife refuge is generallyprohibited unless a person has a hunt-ing license or the weapon is unloadedand encased. However, a person maygo armed with a rearm on these landsif he or she has a concealed carry li-cense. [ss. 29.089, 29.091]

Prohibited Firearms. The possession,sale, use, or transport of a machine gun or oth-er fully automatic firearm, or short-barreled

(sawed off) shotgun or rifle is generally pro-hibited. A person also may not take a firearmthat is not designed to shoot more than oneshot by a single pull of the trigger and modi-fy it to operate as an automatic weapon. [ss.941.26, 941.27, 941.28] Firearm silencers areillegal. [s. 941.298] Facsimile and imitationfirearms are prohibited. [s. 941.2965, 941.297].

Self-defense. Local ordinances againstdischarging a firearm may not be enforcedin cases in which a firearm is used consistent

with justifiable self-defense or defense of oth-ers. [ss. 66.0409 (3) (b), 939.45, 939.48]

Improper Use of Firearms. Among theillegal uses of firearms:

Homicide by negligent operation orhandling of a dangerous weapon, in-cluding a rearm, is a Class G felony, as

is causing the death of an unborn child.[s. 940.08 (1) and (2)]

Homicide (causing the death of anotherperson or an unborn child) by the op-eration or handling of a rearm while

intoxicated or under the inuence ofa restricted controlled substance is aClass D felony. [s. 940.09]

Injury, including to an unborn child,by negligent handling of a dangerousweapon, is a Class I felony. [s. 940.24(1) and (2)]

Endangering safety by negligent opera-tion or handling of a dangerous weap-on is a Class A misdemeanor. [s. 940.20(1) (a)]

Operating or going armed with a re-arm while under the inuence of anintoxicant or controlled substance is aClass A misdemeanor. [s. 941.20 (1) (b)and (bm)]

Intentionally pointing a rearm at ortowards another person is a Class Amisdemeanor. [s. 941.20 (1) (c)]

Intentionally pointing a rearm at ortowards a law enforcement ocer, are ghter, an emergency medical tech-

nician, a rst responder, an ambulancedriver, or a warden acting in an ocialcapacity is a Class H felony. [s. 941.20(1m) (b)]

Shooting into a building or vehicle ifa human may be present or seinga spring gun is a Class G felony. [s.941.20 (2)]

Discharging a rearm near a residence(within 100 yards) without permissionof the dwellings occupant, if the shoot-

er is on land owned by another person,is a Class A misdemeanor. [s. 941.20 (1)(d)]

Drive-by shooting It is a Class F felo-ny to discharge a rearm from a vehiclewhile on a highway, street, or publicparking lot either at or toward another

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person, building, or vehicle. [s. 941.20(3)]

Shooting a rearm from, or loading arearm in, a vehicle is generally pro-hibited with violation a forfeiture of

not more than $100. [s. 167.31 (2) (c)] Shooting a rearm from, or loading arearm in, an aircraft is prohibited.Violators may be ned not more than$1,000 or imprisoned not more than 90days or both. [s. 167.31 (3)]

A rearm may generally not be redfrom or across a highway or within 50feet of the center of a roadway. Viola-tors may be subject to a forfeiture of notmore than $100. [s. 167.31 (2) (d)]

A rearm may not be discharged with-in 40 rods (660 feet) of a public park orsquare. Violation carries a punishmentof imprisonment in the county jail notexceeding 60 days or by a ne of notmore than $25 nor less than one dollar.[s. 167.30]

A rearm may not be discharged in thedirection of an electrical or communi-cations transmission facility, such asa tower or pole or wire. A violator is

subject to a forfeiture of not more than$100. In addition, the court must re-voke for one year any hunting licenseheld by the violator, and order the per-son to pay restitution for the reason-able cost of repair of the equipment orstructure. [s. 167.31]

Intentionally shooting a rearm at anyportion of a railroad train car, caboose,or engine is a Class I felony. [s. 943.07(2)]

Penalty Enhancers. In several situations,the potential penalty may be increased if a

crime is committed while using a firearm, in-cluding armed robbery, burglary, and vehiclecarjacking. [ss. 939.63, 943.32 (2), 943.10 (2),943.23 (1g)]

Providing Firearm to Prisoner. It is a

Class F felony to provide a firearm, whetherloaded or unloaded, or a facsimile firearm, toan inmate of a correctional facility such as aprison or jail, or to introduce a firearm or fac-simile into an institution where prisoners aredetained. [s. 946.44 (1m)]

Providing Firearm to Ineligible Person.A person who furnishes a firearm to a per-son who may not legally possess a firearm isguilty of a Class G felony. [s. 941.29 (4)]

Hunting Regulations. Anyone born af-

ter January 1, 1973, who wishes to obtain ahunting license must successfully completea hunter education program which includesinstruction in safety principles for handlinghunting firearms. [ss. 29.591, 29.593] Thereare restrictions on the use of firearms whilehunting for children under the age of 16. [s.29.304] Hunting is not allowed within 1,700feet of a hospital or school. [s. 29.301] A per-son who has caused or been involved in anaccidental discharge of a firearm in which any

person is injured must generally report it tothe Department of Natural Resources within10 days. [s. 29.345]

FOR MORE INFORMATION

To apply for a concealed carry license, orfor further information about the law, contactthe Wisconsin Department of Justice: http://www.doj.state.wi.us/, (608) 266-1221. TheWisconsin Statutes and Administrative Codemay be accessed at: https://docs.legis.wiscon-

sin.gov/.

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Documents

CCW laws in WI