Wisconsin Constitutional Carry Laws

9 min readJun 21, 2024

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.

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.

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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 Gun Laws at a Glance

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.

Prohibited Locations for Firearms in Wisconsin

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

Overview of Wisconsin Gun Control Laws

Relevant Wisconsin Gun Control Statutes (Laws):

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

Illegal Arms in Wisconsin

The following firearms are illegal to possess in Wisconsin with limited exceptions:

Short-barreled shotguns
Short-barreled rifles
Machine guns or fully automatic firearms

Waiting Period

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.

Who Can’t Own Guns?

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)

License Required?

Wisconsin does not require a license to own a firearm.

Concealed Carry License Required?

Yes. A CCW permit or license is required to carry a concealed firearm in public.

Open Carry Allowed?

Open carry is legal in Wisconsin.

Eligibility for a Concealed Carry License

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

Machine Gun Laws

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.

Penalties for Illegal Firearm Possession

Endangering safety by use of a dangerous weapon can be a 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 is a 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 is a 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 is a 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 is a 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 is a 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 is a 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 is a 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 is a Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both.

Penalties for Illegal Possession on or Near School Grounds

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.

Red Flag Law?

No. Wisconsin does not have a red flag law.

Universal Background Checks?

No. Wisconsin does not require a criminal background check for firearms transactions between private sellers and buyers.

Stand Your Ground Law?

No. Wisconsin has not adopted a Stand Your Ground law. However, it has an expanded version of the Castle Doctrine. In most circumstances, Wisconsin law permits the use of deadly force when a person unlawfully and forcibly enters your dwelling, motor vehicle, or place of business while you are present. In such situations, if you are not engaged in a crime yourself, there is no duty to retreat.

Related Resources

For more information on Wisconsin gun laws, consider consulting additional legal resources or speaking with an attorney. Understanding federal and state firearms regulations can be complex, and Wisconsin statutes may differ from gun laws in neighboring states like Illinois, Michigan, and Minnesota. If you would like legal assistance to know your rights and responsibilities as a gun owner in Wisconsin, consider speaking with a Wisconsin attorney.