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Bucher Law Group, LLC

Concealed Carry Weapons Violations in Wisconsin

 Posted on April 28, 2025 in Criminal Defense

WI defense lawyerFollowing the passing of Wisconsin Act 35 in 2011, free concealed carry licenses were offered across the state. While most legislators in the state believe the "gun vote" in the state consists of white male Gen X and Baby Boomers who hunt and fish, this is actually no longer the case. In fact, the vast majority of the concealed carry classes in the state are made up of women and minorities.

Many people who had never considered owning a firearm for personal protection have changed their minds over the past few years. Many people with a concealed carry permit are unaware that the permit does not allow them to walk their kids to the school playground on a Saturday morning while carrying a firearm. That person commits a criminal offense the moment their feet touch school property.   

Whether you open carry in the state or have a concealed carry permit, it is important that you understand the laws governing these issues. If you are charged with a weapons violation in Wisconsin, it is important that you have an experienced Jefferson County, WI criminal defense lawyer who can guide you through the judicial process and fight for your freedom and your future.

What is Constitutional Carry?

When a state allows an adult who has no felony convictions to carry a concealed firearm without paying a fee to obtain a concealed carry license, this is known as "constitutional carry." Twenty-seven states currently adhere to constitutional carry laws, but Wisconsin is not one of them. In Wisconsin, it is legal to "open carry" without a permit, but those who want to conceal carry a weapon must pay a fee to the state, complete the application and registration process, and provide proof of training.

What Are Violations of the Concealed Carry Law in Wisconsin?

Even with a concealed carry permit in the state, certain types of conduct are prohibited. These include:

  • You may not carry a concealed firearm while you are intoxicated (Class A misdemeanor).
  • You may not carry a concealed firearm while you are unlawfully using a controlled substance (Class A misdemeanor).
  • You may not intentionally fire your gun into a vehicle or building where a person may be (Class G felony).
  • You may not carry a concealed firearm while at the same time exhibiting disorderly conduct.
  • It is illegal to intentionally point a firearm at another person (A Class A misdemeanor unless the person you point the firearm at is a police officer, firefighter, EMT, ambulance driver, commission warden, or first responder, then the offense becomes a Class H felony).
  • It is illegal to discharge your weapon in a parking lot or on a highway (Class F felony).
  • You may not possess, purchase, sell, or transport a machine gun, a short-barreled shotgun, or a short-barreled rifle (Class H felony).
  • It is illegal to carry an imitation firearm or to sell or distribute an imitation firearm (Class C or Class A forfeiture).
  • You may not possess, sell, or deliver a firearm silencer (Class H felony).
  • It is illegal to negligently handle a firearm (Class A misdemeanor).
  • You may not recklessly endanger another’s safety with a firearm (Class G felony).  
  • You may not conceal carry a firearm on school property (Class B forfeiture).

Contact a Waukesha County, WI Defense Lawyer

If you are facing concealed carry violations, it is important that you speak to an experienced Racine County, Wisconsin weapons charges attorney from Bucher Law Group, LLC. Attorney Bucher spent 20 years as the Waukesha County District Attorney and has served on dozens of statewide task forces on violent crimes. He has litigated the most high-profile, complex cases in the state, directly handling dozens of homicides, hundreds of DUIs, and thousands of serious drug cases. Call 262-303-4916 to schedule your free consultation.

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