Understanding Wisconsin’s Gun Laws and Weapons Charges
Wisconsin gun laws & weapons charges can be complex, involving both state and federal regulations.
Navigating these laws requires a clear understanding of your rights and responsibilities, as well as the potential consequences of violating them. Whether you are a gun owner or facing weapons-related charges, this guide will provide a comprehensive overview of Wisconsin’s gun laws, common weapons charges, and what you need to know to protect yourself.
1. Overview of Wisconsin Gun Laws
Wisconsin is considered a relatively gun-friendly state with laws that balance Second Amendment rights with public safety concerns. Here are the key aspects of Wisconsin gun laws:
Open Carry
Wisconsin permits open carry of firearms for individuals 18 years or older who are legally allowed to possess a firearm. Open carry does not require a permit, but it’s essential to understand local ordinances, as municipalities may impose additional restrictions.
Concealed Carry
Concealed carry of firearms in Wisconsin is legal with a Wisconsin Concealed Carry Weapon (CCW) license. The rules for Applicants are:
You must be 21 years or older.
You must not be a convicted felon.
You must complete an approved firearm safety training course.
You must pass a background check. In most cases, concealed carry without a permit is a misdemeanor offense, even if you are otherwise legally allowed to own a firearm.
Prohibited Possessors
Certain individuals are prohibited from owning or possessing firearms under Wisconsin law, including:
Convicted felons.
Individuals subject to restraining orders.
Those convicted of certain domestic violence offenses.
Individuals deemed mentally incompetent or involuntarily committed.
2. Common Weapons Charges in Wisconsin
Wisconsin law outlines various weapons-related offenses that can result in criminal charges. Here are some of the most common charges:
Possession of a Firearm by a Felon
Under Wisconsin Statute §941.29, it is illegal for a convicted felon to possess a firearm. A violation of this law is classified as a Class G felony, carrying penalties of up to 10 years in prison and fines up to $25,000.
Carrying a Concealed Weapon Without a Permit
As mentioned earlier, carrying a concealed weapon without a valid permit is a misdemeanor in Wisconsin. Penalties can include fines and jail time, depending on the circumstances. In most cases, carrying a concealed weapon without a permit in Wisconsin is a misdemeanor. However, there are circumstances in which it may be a felony.
Use of a Dangerous Weapon in the Commission of a Crime
Using a dangerous weapon during the commission of another crime, such as assault or robbery, can result in enhanced penalties. For example, using a firearm in an assault can elevate the charge to aggravated assault.
Important Note: It is our suggestion if you are pulled over by the police, or detained on foot, and are in possession of a concealed weapon, to alert the officer to its presence and location, do not reach for the weapon, keep your hands visible, and maintain a pleasant demeanor.
Illegal Firearms Sales or Transfers
Selling or transferring firearms to prohibited individuals or failing to conduct a background check as required by federal law can result in both state and federal charges.
Possession of Short-Barreled Rifles or Short-Barreled Shotguns
Under Wisconsin Statute §941.28, it is illegal to possess short-barreled rifles (“SBRs”) or short-barreled shotguns without federal authorization. This is a Class H felony.
Brandishing a Firearm
Using a firearm to threaten or intimidate another person without justification can lead to charges of disorderly conduct or assault, depending on the circumstances.
Possession of a Firearm While Subject to a Restraining Order
Individuals subject to restraining orders, such as for domestic abuse, are prohibited from owning or possessing firearms under Wisconsin and federal law. Violations can lead to additional legal consequences.
Alteration of Serial Numbers
Altering or removing a firearm's serial number is a federal crime, and possession of a firearm with an altered serial number is illegal under both Wisconsin and federal laws, carrying severe penalties.
Possession of a Firearm by a Domestic Violence Offender
Federal and Wisconsin laws prohibit individuals with domestic violence convictions from possessing firearms. Violations can result in severe penalties, including federal prosecution.
Possession of a Firearm While Intoxicated
Carrying or using a firearm while under the influence of alcohol or drugs is a criminal offense in Wisconsin. This is typically classified as a misdemeanor but can carry more severe penalties in certain situations.
Discharge of a Firearm Near a Residence or Roadway
Firing a weapon within 100 yards of a building or across a public road without the owner's consent is prohibited under Wisconsin law and can lead to fines and imprisonment. Different counties and city laws may also apply..
3. Federal Gun Laws and Their Impact
It is critical to understand that even if a gun-related charge is dropped or resolved at the state level, federal prosecutors may choose to pursue charges under federal firearms laws. Federal agencies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), often investigate and prosecute cases involving:
Firearm possession by convicted felons.
Interstate firearm trafficking.
Violations of the National Firearms Act (NFA), such as possession of unregistered short-barreled rifles, silencers, or fully automatic weapons.
Federal gun charges often carry harsher penalties than state charges, including mandatory minimum prison sentences.
4. Wisconsin’s Castle Doctrine and Stand Your Ground Laws
Wisconsin has a version of the Castle Doctrine, which allows individuals to use force, including deadly force, to defend themselves in their homes, businesses, or vehicles under specific circumstances. Key points include:
The individual must reasonably believe they are in imminent danger of death or great bodily harm.
The intruder must have unlawfully entered or attempted to enter the property.
Wisconsin does not have a formal "Stand Your Ground" law, meaning individuals have a duty to retreat, if safe to do so, in public spaces before using force in self-defense.
5. Concealed Carry Reciprocity
Wisconsin recognizes concealed carry permits from certain other states. However, it’s essential to verify reciprocity agreements before carrying a concealed weapon across state lines. Ignorance of the law is not a valid defense if you are found carrying a weapon illegally in another jurisdiction.
6. Penalties for Weapons Charges
The penalties for weapons-related offenses in Wisconsin vary widely depending on the nature of the offense, prior criminal history, and aggravating factors. Here are some examples:
Misdemeanor Charges: Carrying a concealed weapon without a permit can result in up to 9 months in jail and a fine of up to $10,000.
Felony Charges: Possession of a firearm by a felon can lead to up to 10 years in prison and significant fines.
Federal Charges: Penalties for federal firearms offenses can include decades of prison time, mandatory minimum sentences, and substantial fines.
7. Defenses to Weapons Charges
If you are facing weapons charges in Wisconsin, your defense strategy will depend on the specifics of your case. Common defenses include:
Unlawful Search and Seizure: Evidence obtained without a valid search warrant or probable cause may be inadmissible in court.
Lack of Knowledge: In some cases, the accused may argue they were unaware of the presence of the weapon, such as in a borrowed vehicle.
Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the accused was in possession of the weapon, the charges may not stand.
Self-Defense: In cases where the weapon was used in self-defense, the Castle Doctrine may provide a viable defense.
8. Steps to Take If You’re Charged with a Weapons Offense
If you are charged with a weapons-related crime in Wisconsin, it’s essential to act quickly and strategically:
Remain Silent: Avoid making any statements to law enforcement without your attorney present.
Hire an Experienced Attorney: A skilled criminal defense attorney can review your case, challenge evidence, and build a strong defense.
Gather Evidence: Collect any relevant documents, such as permits or receipts, that may support your case.
Understand Your Rights: Familiarize yourself with Wisconsin and federal gun laws to better understand the charges against you.
9. How to Stay Compliant with Wisconsin Gun Laws
Avoiding legal trouble starts with understanding and adhering to Wisconsin’s gun laws. Here are some tips:
If applicable, always keep your firearm permit up to date.
Store firearms securely to prevent unauthorized access.
Conduct thorough background checks when selling firearms privately.
Do not engage in a “Straw Purchase” for a friend, or relative, significant other, and especially never for a stranger.
Avoid bringing firearms into prohibited areas, such as schools, government buildings, and private property with posted restrictions.
10. Federal Prosecution: A Serious Concern
Even if state charges are dropped, federal prosecution remains a possibility in some cases. For example:
A felon found in possession of a firearm may face federal charges under the Gun Control Act.
Possession of an unregistered firearm, such as a short-barreled rifle or sawed-off shotgun, may lead to federal gun charges under the National Firearms Act (NFA).
Federal firearms offenses often result in harsher penalties and are prosecuted by federal agencies with significant resources. It’s crucial to consult with an attorney familiar with both state and federal laws to minimize the risk of dual prosecution.
Get Representation
If you are facing weapons charges or have questions about Wisconsin gun laws, Gerard Law Firm is here to help. Our experienced legal team understands the complexities of state and federal firearms regulations and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
Contact Us Today:
📞 (414) 690-9872
💻 www.gerardlaw.org
Don’t leave your future to chance—let Gerard Law Firm be your trusted advocate in the face of weapons-related charges.
