Wisconsin

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 A copy of a current or expired CCW license from another state that has not been revoked for cause.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)

Wisconsin is not a permitless-carry state.

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

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.

Wisconsin has no laws restricting the ammunition capacity of magazines.

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. 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)

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)

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.

 

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

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

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

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. 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)

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

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)

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)

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

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)

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)

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)

What Weapons Can I Carry

A licensee may carry a concealed “weapon.”

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

Wis. Stat. § 175.60 (1) (j)