UPDATE: Open Carry Laws in Wisconsin: What You Should Know

 Posted on September 17, 2021 in Gun Violations

Originally published: March 29, 2019 -- Updated: September 17, 2021

UPDATE: The state of Wisconsin does permit the open carry of firearms as described below, although there are a few cases where a person may be restricted from carrying a loaded weapon in public, such as when a person has been convicted of a felony or a domestic abuse charge. Gun owners should also be aware of the situations in which they could face criminal charges based on how a weapon was used. The offense of “endangering safety by use of a dangerous weapon” may apply in the following situations:

• If a person puts someone else at risk of harm when handling or operating a weapon, they may be charged with a Class A misdemeanor.

• If a person carries or uses a firearm while under the influence of alcohol or drugs, this is a Class A misdemeanor offense.

• If a person is on someone else’s property, and they fire a gun within 100 yards of a dwelling without the owner’s permission, they may be charged with a Class A misdemeanor.

• If a person intentionally points a gun at someone else, they may face Class A misdemeanor charges. If a person intentionally points a firearm at a police officer, firefighter, or emergency medical responder, they may be charged with a Class H felony.

• If a person intentionally fires a gun into a building when they know or should be aware that someone is in the building, they may face Class G felony charges.

• If a person fires a gun from a vehicle that is on a road or in a public parking lot, they may be charged with a Class F felony.

At Bucher Law Group, LLC, we work to protect the rights of gun owners. If you have been charged with an offense involving carrying or using a firearm, we can help you understand your options for defense. Contact our Milwaukee County weapons charges defense attorneys at 262-303-4916 to arrange your free consultation today.

The state of Wisconsin has had a long relationship with firearms. Since Wisconsin was admitted to the United States and the Constitution of Wisconsin was adopted in 1848, citizens have been given the right to “keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.” In Wisconsin, both open carry and concealed carry are legal, although they both have different requirements. Concealed carry requires a person to have a permit, while open carry does not. Not knowing open carry laws can result in weapons charges, which is why it is important to know the laws before you carry.

Wisconsin Gun Laws

The state of Wisconsin is an open carry state, meaning you are legally permitted to carry a loaded weapon in public. Open carry does not require a permit or license to legally do so. A person is considered to be openly carrying a gun if the gun is in plain view while you are in public. If the gun is hidden from ordinary view, then it is considered to be concealed and you must have a permit to legally carry the firearm. You must also be at least 18 years old to openly carry a gun in Wisconsin.

Limitations to Open Carry

There are restrictions on where you can openly carry a firearm in Wisconsin. Certain locations prohibit carrying guns, even if you have a concealed carry license. These locations include:

• Police stations or sheriff's offices;
• Prisons, jails, or correctional facilities;
• Mental health facilities;
• County, state, or federal courthouses;
• Municipal courtrooms, if the court is in session; and
• Any place beyond a security checkpoint in an airport.

According to federal law, you are also unable to carry a firearm (whether openly or concealed) on school grounds at any time.

A Delafield Weapons Charges Defense Lawyer Can Help

While you have the constitutional right to own, possess, and carry firearms, there are both federal and state laws you must abide by. If you are caught breaking any firearm laws, you can face severe consequences. At the Bucher Law Group, LLC, we can help you fight any weapons violation. Our skilled Waukesha, WI gun charges defense attorneys have nearly two decades of experience representing clients in firearm-related cases. Call our office today at 262-303-4916 to schedule a free consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/175/60

http://legis.wisconsin.gov/lc/publications/im/IM2011_10.pdf

https://docs.legis.wisconsin.gov/document/statutes/941.20