Wisconsin State Law Summary
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Last updated November 16, 2007.
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In 2004, 413 people died from firearm-related injuries in Wisconsin. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2004, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.
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Article I, § 25 of the Wisconsin Constitution, adopted in 1998, states: “[t]he people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.”
In State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328 (2003), the Supreme Court of Wisconsin rejected an Art. I, § 25 challenge to Wis. Stat. § 941.23, which prohibits the carrying of concealed weapons. Although the court found that the state right to "bear arms" is a fundamental, individual right under Art. I, § 25, the court held that it is subject to reasonable restriction. State v. Cole, 2003 WI 112, ¶ 26, 264 Wis. 2d 520, ¶ 26, 665 N.W.2d 328, ¶ 26. Finding that section 941.23 is "a reasonable regulation on the time, place, and manner in which the right to bear arms may be exercised," the court upheld the statute. State v. Cole, 2003 WI 112, ¶ 28, 264 Wis. 2d 520, ¶ 28, 665 N.W.2d 328, ¶ 28.
In a companion case to Cole, State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785 (2003), the supreme court carved out an exception to the prohibition on carrying concealed weapons under section 941.23. In Hamdan, defendant owned a convenience store in a high crime area and kept a handgun for protection. Law enforcement officers performing a routine investigation of defendant’s business license discovered the concealed firearm, confiscated it, and prosecuted defendant for violating section 941.23. Defendant argued that the ban on carrying concealed weapons was unconstitutional as applied to him because it interfered with his "right to bear arms" under Art. I, § 25.
At the outset, the court emphasized that section 941.23 is constitutional and that the state may regulate firearms under its police power. State v. Hamdan, 2003 WI 113, ¶ 46, 264 Wis. 2d 433, ¶ 46, 665 N.W.2d 785, ¶ 46. Furthermore, the court noted that "only if the public benefit in . . . exercise of the police power [to regulate firearms] is substantially outweighed by an individual’s need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional as applied." Id.
Following an extensive review of statutory and case law from other jurisdictions pertaining to both the carrying of concealed weapons and the right to "bear arms," the court found that defendant had a constitutional right under Art. I, § 25 to "keep and bear arms for the lawful purpose of security at the time he carried his concealed weapon . . . ." and reversed the conviction. State v. Hamdan, 2003 WI 113, ¶ 84, 264 Wis. 2d 433, ¶ 84, 665 N.W.2d 785, ¶ 84.
The court noted that "[i]f the constitutional right to keep and bear arms for security is to mean anything, it must, as a general matter, permit a person to possess, carry, and sometimes conceal arms to maintain the security of his private residence or privately operated business, and to safely move and store weapons within these premises." State v. Hamdan, 2003 WI 113, ¶ 68, 264 Wis. 2d 433, ¶ 68, 665 N.W.2d 785, ¶ 68.
In determining if an Art. I, § 25 challenge to a concealed weapons prosecution may be raised, however, the court held that a defendant will be required to affirmatively answer whether: 1) under the circumstances, the defendant’s interest in concealing a firearm to "facilitate exercise of his or her right to keep and bear arms" substantially outweighed the state's interest in enforcing the concealed weapons statute; and 2) the defendant concealed the firearm because concealment was "the only reasonable means under the circumstances to exercise his or her right to bear arms." State v. Hamdan, 2003 WI 113, ¶ 86, 264 Wis. 2d 433, ¶ 86, 665 N.W.2d 785, ¶ 86.
See also State v. Fisher, 2006 WI 44, ¶¶ 48, 65, 290 Wis. 2d 121, ¶¶ 48, 65, 714 N.W.2d 495 ¶¶ 48, 65, (2006) (rejecting an as-applied Art. I, § 25 challenge to § 941.23 on the ground that defendant’s interest in exercising his "right to keep and bear arms" for purposes of security by carrying a concealed firearm in his vehicle did not substantially outweigh the state’s interest in prohibiting him from carrying a concealed weapon in his vehicle), and State v. Thomas, 2004 WI App 115, ¶¶ 8-12, 274 Wis. 2d 513, ¶¶ 8-12, 683 N.W.2d 497, ¶¶ 8-12 (2004) (rejecting an Art. I, § 25 challenge to Wis. Stat. § 941.29, which prohibits a felon from possessing a weapon, on the ground that the legislative history of the constitutional provision indicates an intent to preserve pre-existing firearm regulations and the legislature's authority to restrict firearm possession by felons).
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Wisconsin has significantly limited the authority of local governments to regulate firearms. Wisconsin Statutes § 66.0409(2) provides that no political subdivision (defined as a city, village, town, or county) may enact an ordinance or adopt a resolution that:
[R]egulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
Notwithstanding this prohibition, counties may impose certain sales or use taxes on "any firearm or part of a firearm, including ammunition and reloader components, sold in the county." Section 66.0409(3)(a). Cities, villages, or towns authorized to exercise village powers under section 60.22(3) may impose restrictions on the discharge of firearms. Section 66.0409(3)(b).
In addition, political subdivisions may continue to enforce an ordinance or resolution that was in effect on November 18, 1995, and that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute. Section 66.0409(4)(a). If any ordinance or resolution is not the same as or similar to a state statute, it has no legal effect and the ordinance or regulation may not be enforced on or after November 18, 1995. Section 66.0409(4)(b).
Section 66.0409(5) provides that a county ordinance or resolution that is adopted under section 66.0409(2) or that remains in effect under section 66.0409(4)(a) "applies only in those towns in the county that have not enacted an ordinance or adopted a resolution under sub. (2) or that continue to enforce an ordinance or resolution under sub. (4) (a)...except that this subsection does not apply to a sales or use tax that is imposed under” subchapter V of chapter 77.
Nothing in section 66.0409 prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety. Section 66.0409(4)(c). Pursuant to section 66.0409(1)(c), a "sport shooting range" is defined as "an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting."
Section 895.527(4) provides that any sport shooting range in existence on June 18, 1998, may continue to operate as a sport shooting range at its current location notwithstanding any zoning ordinance enacted under sections 59.69 (county planning and zoning authority), 60.61 (general zoning authority for towns), 60.62 (zoning authority for towns exercising village powers), 61.35 (village planning authority) or 62.23(7) (city zoning and planning), if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under these enumerated code sections in effect on June 18, 1998.
In addition, any sport shooting range in existence on June 18, 1998, may continue to operate notwithstanding:
Section 167.30 (prohibiting discharge of a firearm near parks), section 941.20(1)(d) (prohibiting discharge of a firearm within 100 yards of any building "devoted to human occupancy") or section 948.605 (gun free school zone provisions) or any rule promulgated under those sections regulating or prohibiting the discharge of firearms; The power of a city, village or town to enact ordinances or adopt resolutions restricting the discharge of a firearm (per section 66.0409(3)(b)); or Any zoning ordinance that is enacted, or resolution that is adopted, under local governmental powers pursuant to sections 59.69, 60.61, 60.62, 61.35 or 62.23(7) that is related to noise.
Section 895.527(5).
Subject to limited exceptions, a city, village, town or county may regulate an outdoor sport shooting range’s hours of operation between 11:00 p.m. and 6:00 a.m. Section 895.527(6).
Town of Avon v. Oliver, 2002 WI App 97, 253 Wis. 2d 647, 644 N.W.2d 260 (2002) interpreted portions of both section 66.0409 and section 895.527. In Oliver, the Court of Appeals of Wisconsin upheld the Town of Avon’s permanent injunction prohibiting defendant property owner from using a portion of his land as a sport shooting range, since defendant had not obtained the proper conditional use permit to use a section of his property as a shooting range on property zoned for agricultural use. Town of Avon v. Oliver, 2002 WI App 97, ¶¶ 10-14, 253 Wis. 2d 647, ¶¶ 10-14, 644 N.W.2d 260, ¶¶ 10-14.
The court held that section 66.0409(4)(c), by its own terms, does not prohibit municipalities from enacting and enforcing zoning ordinances that apply to sport shooting ranges. Town of Avon v. Oliver, 2002 WI App 97, ¶ 13, 253 Wis. 2d 647, ¶ 13, 644 N.W.2d 260, ¶ 13. Furthermore, the court found that portions of section 895.527(4), (5) do not prohibit the application of a zoning ordinance to a sport shooting range unless the range was a lawful or legal nonconforming use under the ordinance as of June 18, 1998. Town of Avon v. Oliver, 2002 WI App 97, ¶ 11, 253 Wis. 2d 647, ¶ 11, 644 N.W.2d 260, ¶ 11. The court found that defendant’s use was not lawful as of that date and the town could permanently enjoin use of the range. Town of Avon v. Oliver, 2002 WI App 97, ¶ 25, 253 Wis. 2d 647, ¶ 25, 644 N.W.2d 260, ¶ 25.
Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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No relevant statutes currently exist.
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Federal law
generally requires that licensed firearms dealers conduct a
background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and the
National Instant Criminal Background Check System (“NICS”) were
enacted through the Brady Handgun Violence Prevention Act,
pursuant to Public Law 103-159, and codified at
18 U.S.C. § 921 et seq. Federal law defines a number of classes
of prohibited purchasers (including felons, fugitives, persons
adjudicated as “mental defectives” or those committed to mental
institutions), and leaves to the states the power to determine
additional classes. (For a complete list of federally
prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Wisconsin, all transfers of handguns by licensed dealers are processed through the Wisconsin Department of Justice ("DOJ"), which enforces the federal purchaser prohibitions referenced above. Wis. Stat. § 175.35(2g); Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). Transfers of rifles and shotguns by licensed dealers are processed directly through the FBI. Id.
In addition to the federal purchaser prohibitions referenced
above, Wisconsin has adopted other classes of prohibited
persons, and incorporated some of the federal prohibitions as
state offenses. Pursuant to sections
sections 175.35(2g) and
941.29, DOJ shall not
approve any handgun transfer where the prospective purchaser has
been:
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Convicted
of a felony in Wisconsin, or convicted of a crime elsewhere
that would be a felony in Wisconsin;
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Adjudicated delinquent for an act committed on or after April
21, 1994, that if committed by an adult in Wisconsin would be
a felony;
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Found not
guilty of a felony in Wisconsin by reason of mental disease or
defect;
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Found not
guilty or not responsible for a crime elsewhere that would be
a felony in Wisconsin by reason of insanity or mental disease,
defect or illness;
Committed to a treatment facility (because the individual is mentally ill, drug dependent or developmentally disabled) and ordered not to possess a firearm (see §§ 51.20(1), (13)(a), (13)(cv) and 51.22(1)); Enjoined under a domestic abuse or child abuse restraining order or injunction, or certain tribal injunctions, per sections 813.12 and 813.122; or -
Enjoined under a harassment restraining order or injunction with an order prohibiting the possession of a firearm, per section 813.125.
Wisconsin generally prohibits firearm possession by or transfer to any person under the age of 18. Section 948.60(2). See the Wisconsin Minimum Age to Purchase/Possess section for further information.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Wisconsin, although federal and state purchaser prohibitions still apply. See the Wisconsin Private/Secondary Sales section.
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No relevant statutes currently exist.
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Possession Restrictions
Under section 941.23, "[a]ny person except a peace officer who goes armed with a concealed and dangerous weapon" (including any firearm; see § 939.22(10)) is criminally liable for a Class A misdemeanor.
The Supreme Court of Wisconsin has held that the state constitutional right to "keep and bear arms" for personal security under Article I, § 25 of the Wisconsin Constitution, when exercised within an individual’s own home or place of business, and supported by a factual determination that the individual had no unlawful purpose behind concealing the firearm, provides a defense to a violation of section 941.23. State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785 (2003). For additional information, please see the Wisconsin State Right to Bear Arms section.
Unless the firearm is unloaded and encased, Wisconsin prohibits the possession of a firearm: in or on an automobile, aircraft, or "motorboat with the motor running," Wis. Stat. § 167.31(2)(a), (b), (3); in a state park or state fish hatchery, section 29.089(2); or in a wildlife refuge, section 29.621(4). These provisions are subject to several exceptions, primarily for hunting pursuant to a valid license. Sections 167.31(4), 29.089(3).
Wisconsin generally proscribes the possession of a firearm in any building owned or leased by the state or any political subdivision of the state. Section 941.235(1).
With certain exceptions, Wisconsin also bans handguns from taverns. Section 941.237(2).
In addition, Wisconsin prohibits the knowing possession of a firearm at a place the individual knows, or has reasonable cause to believe, is a school zone. Section 948.605(2)(a). A "school zone" is defined as property: 1) in or on the grounds of a school; or 2) within 1,000 feet of the grounds of a school. Section 948.605(1)(c). This prohibition does not apply to private property which is not part of school grounds; when the firearm is possessed for use in a program approved by a school in the school zone; or when the firearm is unloaded and encased or in a locked firearm rack on a motor vehicle. Section 948.605(2)(b).
Transportation of Firearms
Wisconsin generally prohibits the transportation of a firearm in or on an automobile, aircraft, or motorboat with the motor running, unless the firearm is unloaded and enclosed in a carrying case. Section 167.31(2)(a), (b) and (3)(a).
The state prohibits any person from operating an all-terrain vehicle with any firearm in his or her possession, unless the firearm is unloaded and enclosed in a carrying case. Section 23.33(3)(e).
Concealed Weapons Licensing Requirements
No concealed carry permit provisions exist in Wisconsin. See the Possession Restrictions subsection above for further explanation.
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Wisconsin Statutes § 948.55 states that anyone who “recklessly stores or leaves a loaded firearm within the reach or easy access of a child” under the age of 14 is criminally liable for a misdemeanor if:
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The child
obtains the firearm without the lawful permission of his or her
parent or guardian or the person having charge of the child; and
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The child
either discharges the firearm causing bodily harm to anyone (a
Class A misdemeanor), or possesses the firearm in a public place
or in violation of
section 941.20
(regarding the illegal use and discharge of firearms) (a Class C
misdemeanor).
Section 948.55 does not apply when:
(a) The firearm is stored or left in a securely locked box or container or in a location that a reasonable person would believe to be secure;
(b) The firearm is securely locked with a trigger lock;
(c) The firearm is left on the person’s body or in such proximity to the person’s body that he or she could retrieve it as easily and quickly as if carried on his or her body;
(d) The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during or incidental to the performance of the person’s duties;
(e) The child obtains the firearm as a result of an illegal entry by any person;
(f) The child gains access to a loaded firearm and uses it in the lawful exercise of a privilege under section 939.48 (regarding self-defense and defense of others);
(g) The person who stores or leaves a loaded firearm reasonably believes that a child is not likely to be present where the firearm is stored or left; or
(h) The firearm is rendered inoperable by the removal of an essential component of the firing mechanism such as the bolt in a breech-loading firearm.
Section 948.55(4).
Section 948.55(5) provides another exception where the bodily harm or death results from an accident that occurs while the child is using the firearm in accordance with sections 29.304 (regarding hunting and possession of firearms by persons under 16 years of age) or 948.60(3) (regarding target practice, courses of instruction, or hunting involving persons under 18 years of age, or where such persons are members of the armed forces).
Further, under
section 29.304(4), “[n]o
parent or guardian of a child under 16 years of age may authorize or
knowingly permit the child to violate” any of the statutory
restrictions on hunting and the use of firearms by persons under age
16, as set forth in
section 29.304.
Finally, section 175.37(1) requires retail firearm sellers to give all firearm purchasers a written warning in block letters not less than one-fourth inch in height, stating: "IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM."
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Wisconsin does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Wisconsin Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Wisconsin Background Checks section.
Pursuant to Wis. Stat. § 175.35(2g) and Wisconsin Administrative Code § Jus 10.01, et seq., the state has established procedures for handgun dealers to follow when complying with state background check requirements for the transfer of any handgun. “Handgun dealer” means a firearms dealer (person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the U.S. Department of the Treasury, per Wis. Stat. § 175.35(1)(ar)) who offers one or more handguns for sale. Wis. Admin. Code § Jus 10.03(7).
Pursuant to
section Jus 10.04, before the dealer may offer a handgun
for sale or request Wisconsin Department of Justice (“DOJ”)
approval for any handgun transfer as required under
Chapter
Jus 10, a dealer must register each handgun store he or she
owns or operates with DOJ by submitting a completed DOJ-issued
firearms dealer registration form and by obtaining from DOJ a
dealer identification number for each handgun store. If the
dealer operates multiple handgun stores, he or she shall file a
separate registration form for each store.
Id.
A dealer may not transfer a handgun to a transferee until the dealer has requested a records search from the DOJ, received a confirmation number from the DOJ confirming the request, and 48 hours have elapsed. Wis. Stat. § 175.35(2)(d). The dealer may still not transfer the handgun until either the dealer has received an approval number for the handgun transfer from the DOJ, or the DOJ has failed to notify the dealer of the results of its record search within 48 hours after the dealer has received the confirmation number. Wis. Stat. § 175.35(2)(d); Wis. Admin. Code § Jus 10.05. If the DOJ informs the dealer that a search indicates a felony charge without a recorded disposition, the dealer may not complete the transfer until the end of the third complete working day commencing after the day on which the finding is made. Wis. Stat. § 175.35(2g)(c)4.c; Wis. Admin. Code § Jus 10.06(2)(c)3. and (d).
In
addition, a dealer must do the following, in the sequence
listed, to obtain an approval number for the transfer of a
handgun:
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Require each handgun transferee to show to the dealer a reliable identification document, such as a motor vehicle operator’s license or state-issued identification card that includes the licensee or card holder’s photograph;
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Inspect
the transferee’s identification document, including the
photograph, and ensure that it accurately and reliably
identifies the transferee;
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Require
the transferee to complete, in triplicate, an official
DOJ-issued notification form. The dealer shall provide one
copy to the transferee when either the handgun is transferred
or when notification of non-approval is given to the
transferee. Within 24 hours after the dealer receives DOJ
notification that the transfer is either approved or not
approved, the dealer shall mail one copy of the completed
form to DOJ. The dealer shall retain the completed original
form. Each form must contain a DOJ form number and the
transferee’s: 1) legal name and any alias or other name used
at any time; 2) birth date; 3) gender; 4) race; 5) social
security number; 6) current address; and 7) other information
required by DOJ to ensure a reliable record search and the
required notification; and
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Following the transferee’s completion of the notification
form, the dealer shall telephone DOJ and request a record
search, conveying all material information on the
notification form to DOJ.
Wis. Stat. § 175.35(2g); Wis. Admin. Code § Jus 10.06(1).
Dealers are
also required to retain the original copy of each completed
notification form prepared under
section Jus 10.06(1)(c),
records showing each confirmation number issued to the dealer
under
section Jus 10.06(2)(a)2.b., and the approval or
non-approval number that corresponds with each confirmation number. Wis. Stat. § 175.35(2j); Wis. Admin. Code § Jus 10.10(1). Dealers must keep the records required under section Jus 10.10(1) available for inspection by a DOJ employee or designee during the dealer’s normal business hours and as otherwise reasonably requested. Wis. Admin. Code § Jus 10.10(1)(c).
DOJ must charge the firearms dealer an $8 fee for each record search that the dealer requests. The dealer may collect the fee from the transferee. DOJ may refuse to conduct record searches for any dealer who fails to pay any fee within 30 days after billing by the department. Wis. Stat. § 175.35(2i).
DOJ must destroy the record of any handgun transfer within thirty days of receipt if the sale was approved and nothing in the record indicates that the transfer may be prohibited. Wis. Stat. § 175.35(2k)(ar); Wis. Admin. Code § Jus 10.10(2)(c).
Wisconsin Statutes § 175.37(1) requires firearms dealers to give all firearm purchasers a written warning in block letters not less than one-fourth inch in height, stating: "IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM."
Number of Federally Licensed Firearms Dealers
There are 1,538 federally licensed firearms dealers and pawnbrokers in Wisconsin. Federal firearms licensee totals for Wisconsin as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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No relevant statutes currently exist.
See the Wisconsin Private/Secondary Sales section for state laws that may apply at gun shows.
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Wisconsin Statutes § 182.021 permits the establishment and operation of rifle ranges for "sharpshooting or improving in the use of firearms." Once the grounds of the range are permanently located and developed, no private individuals or parties who acquire title to any property adversely affected by such ranges may file a lawsuit seeking to “restrain, enjoin or impede” the activities at the ranges or of the corporations owning them. Id.
Any person who owns or operates a
sport shooting range is immune from civil liability related to
noise resulting from the operation of the range.
Section
895.527(2). In
addition, any person who owns or operates a sport shooting range
is not subject to an action for nuisance and no court may enjoin
or restrain the operation or use of a sport shooting range on
the basis of noise.
Section 895.527(3). “Sport shooting
range” means an area designed and operated for the use and
discharge of firearms.
Section
895.527(1).
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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There are no statutes requiring that locking devices be included with each firearm sold, or used to secure firearms. However, see the Wisconsin Child Access Prevention section for information regarding the use of locking devices as a means of avoiding liability for unauthorized firearm use by children.
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Wisconsin generally prohibits any person under age 18 from possessing a firearm. The state also makes it a felony to intentionally sell, loan, or give a firearm to a person under age 18. Wis. Stat. § 948.60(2). However, these restrictions do not apply when the firearm is being used by a person under age 18 when supervised by an adult during target practice or a course of instruction, or when the person is a member of the armed forces or national guard and using a firearm in the line of duty. Section 948.60(3). These restrictions only apply to a person under age 18 who possesses or is armed with a rifle or a shotgun if the firearm is a "short-barreled rifle" or a "short-barreled shotgun" as defined in section 941.28, or if the person is not in compliance with the hunting regulations set forth in sections 29.304 and 29.593.
Under section 29.304(1), the minimum age for possession or control of a firearm is age 12, although a child under age 12 may still possess a firearm if:
[H]e or she is enrolled in the
course of instruction under the hunter education program and he
or she is carrying the firearm in a case and unloaded to or from
that class under the supervision of a parent or guardian or is
handling or operating the firearm during that class under the
supervision of an instructor.
For additional information on restricting the use of firearms by persons under age 16, see section 29.304(2), (3), and (5).
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Private firearms
transfers (i.e., transfers by non-firearms dealers) are not
subject to a background check requirement in Wisconsin, although
federal and state purchaser prohibitions still apply. See the
Wisconsin Background Checks section.
Wisconsin
prohibits any person from intentionally selling, loaning or giving a
firearm to a person under 18 years of age, unless:
The firearm is used in target practice or a course of instruction, under the supervision of the adult who transferred the firearm; or Both the transferring adult and the recipient under age 18 are in the armed forces and the transfer occurs in the line of duty.
Wis. Stat. § 948.60(2)(b), (3).
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With limited exceptions, Wisconsin Statutes § 66.0409(2) preempts local jurisdictions from adopting ordinances requiring the registration of "any firearm or part of a firearm, including ammunition and reloader components.”
The Wisconsin Department of Justice must destroy the record of any handgun transfer within thirty days of receipt if the sale was approved and nothing in the record indicates that the transfer may be prohibited. Wis. Stat. § 175.35(2k)(ar); Wis. Admin. Code § Jus 10.10(2)(c). Notwithstanding this provision, however, the department of justice may maintain a log of dates of requests for firearms restrictions record searches together with confirmation numbers, unique approval and nonapproval numbers and firearms dealer identification numbers corresponding to those dates. Wis. Stat. § 175.35(2k)(b). Within 3 years after the department issues a unique approval number, the department must destroy all corresponding information contained in the log. Id.
No relevant statutes currently exist.
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A federally
licensed firearms dealer may not transfer a handgun to any person
until 48 hours have elapsed from the time the dealer has been
notified, via a background check confirmation number from the
Wisconsin Department of Justice, that the transfer does not
violate any provision of
Wis. Stat. § 941.29 (possession
restrictions for certain classes of persons; see the
Wisconsin Background Checks section). Section 175.35(2)(d). “If the search indicates a felony
charge without a recorded disposition, the deadline…is extended
to the end of the 3rd complete working day commencing
after the day on which the finding is made.” Section
175.35(2g)(c)4.c.
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Bureau of Alcohol, Tobacco, Firearms & Explosives, St. Paul Field Division (MN, MT, ND, SD, WI) |
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Wisconsin Department of Justice |
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Wisconsin Anti-Violence Effort (WAVE) |
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