Wisconsin: Your State Firearms Laws

(as of March 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Federal Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No*
Registration of Firearm      No         No
Licensing of Owner           No         No
Permit to Carry              No         N/A

  * Waiting Period

State Constitutional Provision on Firearms

None.

Possession

No state permit is required to possess a rifle, shotgun, or handgun. It is unlawful for a minor (a person under 18) to go armed with a handgun or for any person to sell, lend, or give a handgun to a minor. This does not apply to target shooting when the minor is under the supervision of an adult. It is unlawful for any person under 16, unless accompanied by a parent or guardian, to have in his possession or control any firearm. Persons between the ages of 14 and 16 who have a firearms safety certificate are exempt and may possess a firearm while alone. Those with a safety certificate who are between 12 and 14 may possess while accompanied by a parent or guardian.

It is unlawful for a person convicted of a felony or found not guilty of a felony by reason of mental illness to possess a firearm.

It is unlawful in, on, or within 1,000 feet from the grounds of a school (school zone) to possess a firearm. Exempt are private property not part of school grounds, school security guards, law enforcement officers, use in a program approved by the school, unloaded and in a locked container or in a locked firearm rack that is on a motor vehicle, and unloaded and possessed while traversing school ground for the purpose of gaining access to lands open to hunting if the entry on school grounds is authorized by school authorities.

Purchase

A firearm dealer transferring possession of a handgun must: have the transferee present identification, complete a notification form, and pay a $5.00 fee; the information from the form is conveyed to the Wisconsin Department of Justice for a criminal history record check using a toll free telephone number; 48 hours must have elapsed from the time that the dealer has received a confirmation number regarding the criminal history record search and the dealer has not been notified that the transfer will be in violation of law. The dealer shall maintain original records of completed notification forms and a record of all confirmation numbers and approval or nonapproval numbers received regarding criminal history record searches. The dealer shall mail a copy of each completed notification form to the Department of Justice. The department shall destroy all approved records regarding the criminal history record search within 30 days after receiving the duplicate form. Within 3 years after the department issues a unique approval number, it shall destroy all corresponding information contained in the log.

These provisions do not apply to antique handguns, transfers between wholesale or retail dealers, or to law enforcement or armed service agencies.

Every dealer or manufacturer of articles composed, in whole or in part, of precious metal or stones, copper, lead, or brass, who obtains by purchase or exchange, any second-hand firearms, must within twenty-four hours after receiving it report to the chief of police or the county sheriff the fact that the firearm has been received and a description of the firearm and identifying information on the person from whom received.

Carrying

It is unlawful for any person except a peace officer to go armed with a ``concealed and dangerous weapon.'' (Jury instructions in Wisconsin state that ``to go armed'' one must have a firearm on one's person or within his immediate control and availble for use.) There is no statutory provision for obtaining a license or permit to carry a concealed weapon.

It is unlawful to possess, place, or transport in or on any aircraft, vehicle, or any motor-driven boat while the motor is running, any firearm unless such firearm is unloaded and cased, and it is also unlawful to load or fire any firearm from such aircraft or vehicle. (Except for a duly licensed disabled hunter.)

It is unlawful to go armed with a firearm in any building owned or leased by the state or any political subdivision of the state.

Some game wardens view the carrying of a firearm in the woods without a hunting license as hunting without a license.

Antiques

Handguns manufactured in or before 1898, or replicas of such handguns which do not use fixed ammunition or which use fixed ammunition no longer manufactured in the United States and not available in the ordinary channels of commerce, are considered antiques.

Machine Guns

The definition of a machine gun ``includes a weapon of any description by whatever name known which was manufactured to discharge more than two shots or bullets by a single function of the firing device.''

Any person duly authorized by the chief of police of any city or the sheriff of any county may sell, possess, use, or transport a machine gun. State law ``shall not prohibit or interfere with ... the possession of a machine gun other than one adapted to use pistol cartridges, for a purpose manifestly not aggressive or offensive.''

Miscellaneous

Firearms kept for personal use are specifically exempt from personal property taxation. One gun is also exempt from execution of a judgement.

Municipalities by statute may regulate the use and careless use of firearms.

It is unlawful to discharge any firearm ``within 40 rods (640 feet) of any public park, square or enclosure owned or controlled by any municipality ... and resorted to for recreation or pleasure, when such park, square or enclosure is wholly situated without the limits of such municipality.''

It is unlawful to operate or go armed with a firearm while under the influence of an intoxicant. (Jury instructions on this particular section of the law require that ``to go armed'' the firearm must be on one's person or accessible to him and that it be loaded.)

It is unlawful to set a spring gun.

It is unlawful to discharge a firearm while on the lands of another within 100 yards of any building devoted to human occupancy without the express permission of the owner or occupant. ``Building'' does not include a portable unit like a house trailer or tent.

It is unlawful to shoot from or across a highway or within 50 feet of the center of a roadway.

It is unlawful to discharge a firearm in a school zone. Exempt is private property not part of school grounds, a school approved shooting program, law enforcement officers, and school security guards.

It is unlawful to recklessly store or leave a loaded firearm within the reach or easy access of a person under 14 who obtains the firearm without lawful permission and possess or exhibits the firearm in a public place or discharges the firearm so as to cause bodily harm or death to self or another. In a commercial transfer the buyer or receiver of a firearm shall be provided with a written warning that it is unlawful to leave a loaded firearm within the reach or easy access of a child if the child improperly discharges, possesses or exhibits the firearm.

Sources: Wis. Stat. Ann. Sections 23.33, 23.50 et seq., 29.227, 60.23, 70.111, 167.31, 175.35, 815.18, 941.20, et seq.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.

   (c)  1994 NRA Institute for Legislative Action.
                Permission to reprint 
   granted with appropriate credit to NRA Institute.

NS 01460                                  R. 3/94 5M