Wisconsin Concealed Carry Firearm Laws

Wisconsin: Gun Laws Summary

Wisconsin gun laws operate at the state level with concealed carry weapons (CCW) licenses issued by the Department of Justice (DOJ). It is a shall-issue state, meaning that if all criteria are met, the DOJ must issue a CCW license. CCW licenses are only issued to residents and military personnel stationed in Wisconsin. Applicants must be 21 or older, have completed a firearms training course, and meet other criteria. Non-residents with a license/permit from a state that Wisconsin honors can also carry concealed in Wisconsin.

Open carry is legal for any person that is 18 years or older and not prohibited from possessing a firearm under state and federal laws.

Defense of Property and Protection Against Retail Theft

A person is privileged to threaten or intentionally use force for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person’s property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use deadly force for the sole purpose of defense of one’s property.

A person is privileged to defend a third person’s property from real or apparent unlawful interference under the same conditions and by the same means as those under and by which the person is privileged to defend his or her own property, provided that the person reasonably believes that the facts are such as would give the third person the privilege to defend his or her own property and that the third person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the person has a legal duty to protect, or is a merchant and the actor is the merchant’s employee or agent. An official or adult employee or agent of a library is privileged to defend the property of the library in the manner specified in this subsection. [Wis. Stat. § 939.48, Wis. Stat. § 939.49]

Self-Defense

Wisconsin is a Castle Doctrine state. There is no duty to retreat, and the law applies at a person’s residence, vehicle, or business.

Self-Defense and Defense of Others

A person is privileged to threaten or intentionally use force against another only if the actor reasonably believes it is necessary to prevent or terminate the interference. The actor may not intentionally use deadly force unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself. A person is privileged to defend a third person from real or apparent unlawful interference under the same conditions and by the same means as those under and by which the person is privileged to defend himself or herself from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such that the third person would be privileged to act in self-defense and that the person’s intervention is necessary for the protection of the third person. If an actor intentionally used deadly force, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if either of the following applies: the person against whom the force was used was in the process of unlawfully and forcibly entering the actor’s dwelling, motor vehicle, or place of business; the actor was present in the dwelling, motor vehicle, or place of business; and the actor knew or reasonably believed that an unlawful and forcible entry was occurring; or the person against whom the force was used was in the actor’s dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it; the actor was present in the dwelling, motor vehicle, or place of business; and the actor knew or reasonably believed that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business. “Dwelling” means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. “Dwelling” includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements. “Place of business” means a business that the actor owns or operates. [Wis. Stat. § 939.48, Wis. Stat. § 939.49]

Wisconsin: Gun Laws at a Glance


Minimum Age for Concealed Carry License	You must be at least 21 to carry in Wisconsin. [Wis. Stat. § 175.60(1)(bm)]
Concealed Carry of Weapons Other Than Handguns	Yes. “Weapon” means a handgun, an electric weapon, or a billy club. “Electric weapon” means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current. A handgun does not include a machine gun, a short barreled rifle or a short barreled shotgun. Wis. Stat. 175.60(1)(j). Long guns (rifles, shotguns) may not be carried concealed.
Ownership of Tasers or Stun Guns	Yes. A concealed carry license is required to carry a stun gun or Taser, except in an individual’s dwelling, place of business or on land that he or she owns, leases, or legally occupies. The minimum age for possession is 18 years old. Transporting a stun gun is allowed without a license if the stun gun is enclosed within a carrying case. It is illegal to carry or use a stun gun on school premises. [Wis. Stat. § 941.295][Wis. Stat. § 948.61]
Legal Purchase and Use of Chemical Spray/Pepper Spray	Yes, any non-felon at least 18 years old or minors that have permission of a parent or guardian, may purchase or possess a device or container that contains a combination of oleoresin of capsicum or CS gel and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort when acting in self-defense or defense of another. It is illegal to use pepper spray against a peace officer or in a crime. The device must have a proper label and written safety instructions for using the device or container. [Wis. Stat. 941.26]
Magazine Capacity Restrictions for Handguns	No. Wisconsin does not limit the maximum size of handgun magazines.
Constitutional Carry	No. Wisconsin is not a constitutional carry state.
Open Carry	Yes, without a license. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry. A concealed carry license is required to conceal a loaded handgun within reach in a vehicle. [Wis. Stat. § 947.01][Wis. Stat. § 66.0409]
Issuing of Concealed Carry Licenses	Wisconsin grants concealed carry licenses on a shall-issue basis. [Wis. Stat. § 175.60(2)(a)]
Ammunition Restrictions	Yes. Wisconsin prohibits the possession or use of an armor-piercing bullet during the commission of a crime. [Wis. Stat. § 941.296(2)]

Wisconsin: Carry Locations


Can you carry a concealed firearm at roadside rest areas in Wisconsin?	Yes, with a Wisconsin Concealed Weapons License or a license/permit from a state that Wisconsin honors. [Wis. Stat. 175.60(15m)(b)]
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Wisconsin?	Yes, with a Wisconsin Concealed Weapons License or a license/permit from a state that Wisconsin honors. [Wis. Stat. §29.091(2)(d)][Wis. Stat. § 29.089(2)(d)]
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Wisconsin?	Yes, with a Wisconsin Concealed Weapons License or a license/permit from a state that Wisconsin honors, unless posted and provided you consume no alcohol. [Wis. Stat. § 941.237]
Can you carry or possess a firearm on hotel property in Wisconsin?	Any business may prohibit individuals from entering the premises with a firearm, if the property is posted or verbal notice is given, though weapons can be stored in vehicles in parking areas. The individual hotel should be contacted to inquire about it’s concealed carry policy. Handguns are prohibited from hotel taverns for anyone without a concealed carry license, provided the licensee does not consume alcohol. See the Handguns at Hotels page for additional information. [Wis. Stat. §§ 943.13 (1m)(c), 943.237(2), (3)(cx) and (3)(i)]
Does Wisconsin have laws relating to storing firearms in private vehicles in an employee parking lot?	An employer may not prohibit a licensee, as a condition of employment, from carrying or storing a concealed weapon, a particular type of concealed weapon, or ammunition in the licensee’s own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer. [Wis. Stat. 175.60(15m)(b)]
Can you carry a concealed handgun in a vehicle in Wisconsin?	Yes, with a Wisconsin Concealed Weapons License or a license/permit from a state that Wisconsin honors, but not in or on the grounds of a school. The Wisconsin Supreme Court on 4/10/18 ruled that a person must have a license that is valid in Wisconsin to carry a concealed loaded handgun within reach in a vehicle. Without a license, a loaded handgun must not be concealed in any manner, including on a car seat. Based on the Wisconsin Court of Appeals ruling in State v. Walls (1994), in order to be considered openly carried in a vehicle, the handgun must be discernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle. Some interpret this to mean above the window line of the vehicle. [Wis. Stat. § 167.31][Wis. Stat. § 948.605]

Wisconsin: Key State Laws


Brandishing	Wisconsin law does not define brandishing, but anyone who endangers another’s safety by the negligent operation or handling of a dangerous weapon, or intentionally points a firearm at or toward another shall be charged. Violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct in public or private places under circumstances that tend to cause or provoke a disturbance is also prohibited.
Carrying a firearm while using alcohol or controlled substances	Carrying a concealed firearm while consuming or under the influence of alcohol or a controlled substance is illegal. This also applies if a person has a detectable amount of a restricted controlled substance in their blood. Under the influence of an intoxicant means that the actor’s ability to operate a vehicle or handle a firearm or airgun is materially impaired because of their consumption of an alcohol beverage, hazardous inhalant, a controlled substance, controlled substance analog, or any combination of those things. As a responsibly armed American, it is unwise to carry while under the influence of any substance that could impair judgment, slow reaction times, or impact decision-making abilities.
Non-resident concealed carry licenses	Non-resident concealed carry licenses are only issued to military personnel stationed in Wisconsin.
Access to concealed carry registry information	Wisconsin concealed carry data is not public record and is not accessible to the public.
Consequences of violating a no firearms sign	Violating a no firearms sign is a criminal offense in Wisconsin. Anyone who enters or remains in a restricted area while carrying a firearm is subject to a Class B forfeiture. Restricted areas include residences, non-residential buildings, grounds or land, special events, and buildings owned, occupied, or controlled by the state or any local governmental unit. These restrictions do not apply to firearms that are in vehicles driven or parked in parking facilities on these properties.
Red flag law	Wisconsin does not have a red flag law.
Duty to inform law enforcement	In Wisconsin, there is no duty to inform a law enforcement officer that you’re carrying a concealed firearm unless the officer asks.
Link between driver’s license and carry license	There is no link between a Wisconsin driver’s license and a Wisconsin concealed weapons license. Law enforcement officers may have access to other databases to obtain this information.
Preemption of local firearms laws	Wisconsin has preemption of firearms laws, except cities may restrict the discharge of firearms (except for self-defense).

Wisconsin: Handgun Purchase and Possession


Can I possess/carry a handgun in my home without a license?	Yes. Anyone legally entitled to carry a firearm may carry a concealed firearm without a license in his or her own dwelling, place of business or on land that he or she owns, leases, or legally occupies. [Wis. Stat. § 941.23(2)(e)]
Is a permit required to purchase a handgun in Wisconsin?	No. A special permit is not required when purchasing a handgun in Wisconsin.
Are background checks required for private gun sales in Wisconsin?	No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.
Does my current Wisconsin concealed carry license exempt me from needing a background check when I purchase a firearm?	No.
Is there a waiting period after purchasing a handgun in Wisconsin?	No. Wisconsin law does not require a waiting period for handgun sales.
Do handguns need to be registered in Wisconsin?	No. Handguns do not need to be registered in Wisconsin.
What is the minimum age to possess and transport a handgun in Wisconsin?	You must be at least 18 years old to possess or transport a handgun in Wisconsin. [Wis. Stat. § 948.60]