941.29(1m)(a) Gun Laws in Wisconsin 2024

Gun laws and Second Amendment debates are a hot topic in the U.S., and Wisconsin is no exception. The Second Amendment to the U.S. Constitution guarantees the right to bear arms, but how this right is regulated varies by state. Wisconsin’s gun laws are considered middle-of-the-road compared to other states. The state allows open carry, has concealed carry permit laws, and generally has fewer restrictions than many East and West Coast states, but it is more regulated than states with very permissive gun laws like Texas.

Key Aspects of Wisconsin Gun Laws:

Concealed Carry Permit:

• Wisconsin is a shall-issue state, meaning that if you meet the requirements, you are entitled to a concealed carry permit.
• Applicants must be at least 21 years old, complete a firearms safety training course, and not be prohibited from possessing firearms under federal or state law.

Open Carry:

• Open carry of firearms is legal in Wisconsin for anyone 18 years or older who is not prohibited from possessing a firearm. This includes handguns, rifles, and shotguns.

Background Checks:

• Wisconsin follows federal laws requiring background checks through the National Instant Criminal Background Check System (NICS) for gun purchases from licensed dealers.
• Private sales, such as those between individuals, do not require background checks, which is sometimes referred to as the “gun show loophole.”

Waiting Period:

• Wisconsin has a 48-hour waiting period for handgun purchases, but this was repealed in 2015. Now, as long as the background check is passed, firearms can be purchased immediately from licensed dealers.

Red Flag Laws:

• Unlike some other states, Wisconsin does not have a red flag law. These laws allow courts to temporarily confiscate firearms from individuals deemed a threat to themselves or others.

Castle Doctrine and Stand Your Ground:

• Wisconsin has a form of the castle doctrine, which allows individuals to use deadly force in their home to defend themselves if they believe they are in imminent danger.
• However, the state does not have a stand-your-ground law, meaning that outside the home, the use of deadly force is more restricted, and there is generally a duty to retreat if it is safe to do so.

Comparing Wisconsin Gun Laws to Other States

More Permissive States (e.g., Texas, Arizona):

• States like Texas and Arizona have less restrictive gun laws. In Texas, there is constitutional carry, meaning no permit is required to carry a firearm, either openly or concealed. In contrast, Wisconsin still requires a permit for concealed carry.
• No background checks are required for private gun sales in both states, similar to Wisconsin.

More Restrictive States (e.g., California, New York):

• California has some of the strictest gun laws, requiring background checks for all gun sales, including private transactions, and imposing a 10-day waiting period. Wisconsin has fewer restrictions on private sales and no waiting period.
• Assault weapon bans: California and New York have bans on assault weapons, whereas Wisconsin does not restrict semi-automatic rifles.
• Red Flag Laws: California and New York have red flag laws, but Wisconsin has not enacted any such legislation.

States with Unique Gun Laws (e.g., Illinois)

• Illinois, which borders Wisconsin, requires a Firearm Owners Identification (FOID) card to purchase or possess firearms and ammunition, a requirement not present in Wisconsin.
• Illinois also imposes stricter regulations on gun dealers and has a red flag law.

Second Amendment Debates in Wisconsin

Wisconsin, like many other states, is part of the national debate over the Second Amendment and gun control. Key debates include:

• Background checks: There are ongoing discussions about closing the gun show/private sale loophole by requiring background checks for all gun sales.
• Red flag laws: Advocates of gun control are pushing for red flag laws to reduce gun violence, while opponents argue these laws violate due process rights.
• Concealed carry: There are movements to introduce constitutional carry in Wisconsin, which would allow people to carry a concealed weapon without a permit, following states like Texas and Arizona.
• Gun control versus gun rights: National incidents of gun violence, including mass shootings, tend to ignite debates on stricter regulations, while gun rights advocates focus on protecting constitutional rights and opposing federal overreach.

941.29(1m)(a) Conclusion

Wisconsin’s gun laws place it in a moderate position relative to other states. While it allows for concealed and open carry, it stops short of constitutional carry or enacting measures like red flag laws. Gun rights and gun control debates remain highly relevant, and the legal landscape could shift depending on political and social pressures, both locally and nationally. This topic offers rich material for a law blog, especially in light of national attention on Second Amendment rights.