Wisconsin

Get the latest information on Wisconsin firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

yes

NFA Weapons Allowed

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of [STATE] - Wis. Const. Art. I, § 25
"The right of the people to keep and bear arms shall not be infringed."

Wisconsin's firearm law history has undergone notable changes, particularly in the last few decades, reflecting a growing emphasis on individual rights. In 2011, Wisconsin passed a law allowing for concealed carry, enabling citizens to apply for permits after completing a background check and safety training. This marked a significant shift in the state's approach to firearm ownership. The landmark case State v. Hamdan (2010) reinforced the rights of individuals to bear arms in public spaces, paving the way for subsequent legislation. Additionally, Wisconsin has seen debates around the Castle Doctrine, which affirms the right to self-defense in one's home. Ongoing discussions about gun rights and regulations continue to shape the state's legal landscape, as residents advocate for both responsible ownership and the protection of Second Amendment rights.

Permit Eligibility, Training and Application Process

Wisconsin's history of concealed weapon licensing has evolved significantly over the past few decades. In 2011, the state enacted a law allowing individuals to carry concealed firearms, marking a pivotal shift in its firearm regulations. Under this law, applicants must complete a background check and a training course to obtain a concealed carry license. Prior to this, Wisconsin was one of the few states without such a provision, reflecting a longstanding debate over gun rights. In 2016, the state further streamlined the application process, allowing for online submissions and improving access to permits. This development underscored Wisconsin's commitment to individual rights while emphasizing the importance of safety and training for concealed carry. The evolution of these laws illustrates a growing acceptance of concealed carry in Wisconsin's legal landscape.

Wisconsin License EligibilityTo apply for a Wisconsin Concealed Weapon License, an applicant must meet all of the following requirements:

  1. Applicant is at least 21 years of age.
  2. Applicant is not prohibited from possessing a firearm under federal or state law.
  3. Applicant is not prohibited by a court order from possessing a firearm.
  4. Applicant is a Wisconsin resident as indicated by a current and valid Wisconsin driver's license or identification card or is active military stationed in Wisconsin.
  5. Applicant can provide adequate proof of training as required by law.

Wis. Stat. § 175.60 (3)

 

WI License Training Requirements

Applicants must provide ONE of the following forms of firearms training.

  1. A copy of a Hunter Education certificate from Wisconsin's Hunter Education program or a substantially similar program that is established by another state and recognized by the Department of Natural Resources.
  2. A copy of a current or expired CCW license from another state that has not been revoked for cause.  You must also include form DJ-LE-289 affirming this fact.
  3. Documentation of completion of small arms training while serving in the U.S. Armed Forces, Reserves, or National Guard.  Acceptable forms of documentation include a DD-214 or DD-256 form showing an honorable or general under honorable conditions discharge, a certificate of completion of basic training, or a service record of completion of small arms training.
  4. A certification letter from the Wisconsin Law Enforcement Standards Board or a letter from a Police Department stating you served as a police officer and completed training.
  5. Documentation that you completed private security training from the Department of Safety and Professional Services or a similar course in another state.  Training must include a Firearms Certification of Proficiency.
  6. A certificate of completion from a firearms safety or training course that is conducted by a national or state organization that certifies firearms instructors, a law enforcement agency, technical college, college, university, or an instructor certified by a national or state organization that certifies firearms instructors.

Wis. Stat. § 175.60 (4)

 

WI License Application Process

An individual may apply for a license under this section with the department by submitting, by mail or other means made available by the department, to the department all of the following:

  1. A completed application in the form prescribed under sub. (5) (a).
  2. A statement that states that the information that he or she is providing is true and complete to the best of his or her knowledge.
  3. A license fee in the amount of $40.
  4. Proof of training.

PROCESSING OF APPLICATION:

  1. Upon receiving an application submitted under sub. (7), the department shall conduct a background check.
  2. The license will be issued or denied within 21 days.

A Concealed Weapon License is valid for 5 years.

Wis. Stat. § 175.60 (7)

 

Wisconsin License Renewal

At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, no later than 90 days after the expiration date of the license, the licensee does all of the following:

  1. Submits a renewal application on the form provided by the department.
  2. Submits a statement reporting that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is not disqualified under sub. (3).
  3. Pays the renewal fee of $22.00.

The department shall conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

The department shall issue a renewal license by 1st class mail within 21 days of receiving a renewal application, statement, and fees under par. (b).

Wis. Stat. § 175.60 (15)

 

Lost or Destroyed License

If a license document is lost, a licensee no longer has possession of his or her license, or a license document is destroyed, unreadable, or unusable, a licensee may submit to the department a statement requesting a replacement license document, the license document or any portions of the license document if available, and a $12 replacement fee. The department shall issue a replacement license document to the licensee within 14 days of receiving the statement and fee. If the licensee does not submit the original license document to the department, the department shall terminate the unique approval number of the original request and issue a new unique approval number for the replacement request.

Wis. Stat. § 175.60 (13)

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

 

Wisconsin is not a permitless-carry state.

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Wisconsin CWL or does not require a license
Recognizes Wisconsin Resident CWL only
Does not recognize a Wisconsin CWL
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

Wisconsin law:No political subdivision may enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife or 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.

Wis. Stat. § 66.0409

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

Wisconsin law:

Wisconsin allows private-party firearm transfers. However, federal law still applies. Therefore, it is unlawful to sell/give a firearm to anyone who:

  1. You know is under the age of 18
  2. You know is prohibited from owning a firearm under state/federal law
  3. Resides in another state than Wisconsin.

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Wisconsin has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

Wisconsin law:Except as provided in par. (b), neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places:

    1. Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department.
    2. Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
    3. The facility established under s. 46.055 .
    4. The center established under s. 46.056 .
    5. Any secured unit or secured portion of a mental health institute under s. 51.05 , including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
    6. Any portion of a building that is a county, state, or federal courthouse.
    7. Any portion of a building that is a municipal courtroom if court is in session.
    8. A place beyond a security checkpoint in an airport.
    9. The prohibitions under par. (a) do not apply to any of the following:
      1. A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a).
      2. A weapon in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.
      3. A weapon in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.

Wis. Stat. § 175.60 (16)

Schools

Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds.

Wis. Stat. § 948.605 (2) (a) and (b) (1r)

Employer Restrictions

  1. Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.
  2. An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state 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)

Immunity

  1. A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision.
  2. An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.

Wis. Stat. § 175.60 (21)

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

Wisconsin law:Wisconsin allows open carry anywhere that concealed carry is allowed. Furthermore, the law states the following:

  • Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading a firearm, or for carrying or going armed with a firearm or a knife, without regard to whether the firearm is loaded or the firearm or the knife is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.

Wis. Stat. § 66.0409 (6)

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

Wisconsin law:In Wisconsin, a "No Weapons" sign has the force of law and must be obeyed.

Where are signs required?

  • For non single family residences (e.g. apartment, condos, etc): A sign must be located in a prominent place near all of the entrances to the part of the building to which the restriction applies or near all probable access points to the grounds to which the regulation applies and the individual entering the building or grounds can be reasonably expected to see the sign. Wis. Stat. § 943.13(2)(bm)2.a.
  • For non-residential buildings, state or governmental property or university or college: A sign must be posted in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign. Wis. Stat. § 943.13(2)(bm)2.b.
  • For the grounds of a nonresidential building or land: A sign must be posted in a prominent place near all probable access points to the grounds or land to which the restriction applies and any individual entering the grounds or land can be reasonably expected to see the sign. Wis. Stat. § 943.13(2)(bm)2.am.
  • For special events: A sign must be posted in a prominent place near all of the entrances to the special event and the individual attending the special event can be reasonably expected to see the sign. Wis. Stat. § 943.13(2)(bm)2.c.
  • For posting land: A sign must be posted that is located in a prominent place near all probable access points to the grounds or land to which the restriction applies and any individual entering the grounds or land can be reasonably expected to see the sign. Wis. Stat. § 943.13(2)(bm)2b.

How big of a sign must be used?

  • A sign must be at least five inches by seven inches that states the restriction on carrying a firearm.

Wis. Stat. § 943.13(2)(bm)1.

What must the sign say?

  • In regard to posting land, the law only provides that the sign must provide an “appropriate notice” and the name of the person giving the notice (listing self as either the owner of occupant). Wis. Stats. § 943.13(2)am1. In regard to other locations the sign must simply state the restriction imposed. Wis. Stats. § 943.13(2)(bm)1. At a minimum the sign must inform people that weapons or firearms are prohibited. There are a number of messages that would meet the standard and the ultimate purpose of the sign is to put individuals on notice of the prohibition or limitation.

 

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3) 

Wisconsin law:Whoever does any of the following is guilty of a Class A misdemeanor:

  • Endangers another's safety by the negligent operation or handling of a dangerous weapon.
  • Operates or goes armed with a firearm while he or she is under the influence of an intoxicant.
  • Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

Wis. Stat. § 941.20

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.

Wisconsin law does not address the issue of transporting a firearm in a vehicle.

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

Wisconsin does not have any laws specifically related to how firearms must be stored.

Other Weapons Restrictions

COMING SOON!

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Wisconsin is a quasi-duty-to-inform state, which means you are not required to affirmatively tell a police officer if you have a firearm, but you must respond if asked.The law:

    1. … A licensee shall have with him or her, during all times he or she is carrying a concealed weapon, his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license.
    2. … An out-of-state licensee shall have with him or her his or her out-of-state license and photographic identification card at all times during which he or she is carrying a concealed weapon.
  • … Upon request by a law enforcement officer who is acting in an official capacity and with lawful authority, a licensee who is carrying a concealed weapon shall display to the officer his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license, and an out-of-state licensee who is carrying a concealed weapon shall display to the officer his or her out-of-state license and photographic identification card.

Wis. Stat. § 175.60 (2g)

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

Wisconsin does not have Emergency Risk Orders ("Red Flag Laws).

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

Wisconsin law:

  1. A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.

Wis. Stat. § 939.48 (1)

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

4. A person is privileged to defend a 3rd person from real or apparent unlawful interference by another 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 3rd person would be privileged to act in self-defense and that the person's intervention is necessary for the protection of the 3rd person.

Wis. Stat. § 939.48 (4)

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Wisconsin law:If an actor intentionally used force that was intended or likely to cause death or great bodily harm, 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 the actor makes such a claim under sub. (1) and either of the following applies:

  1. 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.
  2. 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.

Wis. Stat. § 939.48 (ar)

 

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

  1. A person is privileged to threaten or intentionally use force against another 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 force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property.
  2. A person is privileged to defend a 3rd person's property from real or apparent unlawful interference by another 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 from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd person the privilege to defend his or her own property, that his or her intervention is necessary for the protection of the 3rd person's property, and that the 3rd 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. § 939.49

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

Wisconsin law:

An actor is immune from civil liability arising out of his or her use of force that is intended or likely to cause death or great bodily harm if the actor reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and either of the following applies:

  1. 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 on his or her property or present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that an unlawful and forcible entry was occurring.
  2. 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 had reason to believe that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.

Wis. Stat. § 895.62 (2)

 

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

Wisconsin law:Is there a duty to retreat in Wisconsin? Yes & No.“While there is no statutory duty to retreat, whether the opportunity to retreat was available may be a consideration regarding whether the defendant reasonably believed the force used was necessary to prevent or terminate the interference.” State v. Wenger, 225 Wis. 2d 495 (Wis. Ct. App. 1999)

However, there is no duty to retreat in defense of a dwelling, occupied vehicle, or place of business.

Wis. Stat. § 939.48 (1) (ar)

Self-Defense Limitations

Provocation affects the privilege of self-defense as follows:

  1. A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person's assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.
  2. The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant.
  3. A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.

Wis. Stat. § 939.48 (2)

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

COMING SOON!

Special Notes

What Weapons Can I CarryA licensee may carry a concealed “weapon.”

"Weapon" means a handgun, an electric weapon, or a billy club.

Wis. Stat. § 175.60 (1) (j)

Cases to Watch

COMING SOON!

DNR Ban on Firearm Carry By Anglers Repealed (07-30-24)

For several years, Wisconsin Department of Natural Resources regulations prohibited the possession of a firearm while fishing. The regulation read as follows:

  • No person may do any of the following: (2)Possess or control any firearm, gun or similar device at any time while on the waters, banks or shores that might be used for the purpose of fishing. Wis. Admin. Code NR § 20.05

Thanks to a legal challenge brought by Wisconsin angler Travis Kobs, the Wisconsin DNR has now agreed to repeal this provision of the regulation.

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