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When Is it Legal to Openly Carry a Gun in Wisconsin?

 Posted on September 10, 2020 in Gun Violations

Jefferson County criminal defense attorney weapons violation

The Second Amendment to The Constitution grants United States citizens the right to keep and bear arms. After recent events in Kenosha, questions about Wisconsin’s gun laws are in the national spotlight. Now, as always, it is important for Wisconsin gun owners to have a strong understanding of the state’s weapons laws, especially those regarding open carry, so you can exercise your rights legally and safely.

Understanding Wisconsin’s Open Carry Laws

Wisconsin allows most adults to purchase firearms without the need for a special license, and to openly carry loaded or unloaded guns that have been legally purchased in most public areas. This protects responsible gun owners from facing criminal charges in a wide range of scenarios and promotes their ability to exercise their Second Amendment rights. However, there are some situations in which openly carrying a gun may result in criminal charges, including:

  • If you are under the age of 18

  • If you have been convicted of a felony or otherwise prohibited by the court from possessing a firearm

  • If you are endangering public safety by negligently handling the weapon, including intentionally pointing it at another person for a reason other than self-defense, or firing it within 100 yards of someone’s home without his or her permission

  • If you are determined to have criminal or malicious intent while carrying the weapon

  • If you are intoxicated while carrying the weapon, or carrying it in a facility that sells or serves alcohol

  • If you are carrying the weapon in a police station, correctional facility, or courthouse, or beyond a security checkpoint in an airport

  • If you are carrying the weapon in a school zone or on school property

Note that you are required to obtain a permit for the legal concealed carry of a firearm in Wisconsin, so if you are exercising your open carry rights without a concealed carry permit, you should be sure to keep the gun in clear view at all times.

If you believe that you have been wrongfully arrested for or charged with a weapons crime while exercising your open carry rights, it is important to contact an attorney as soon as possible to start building a strong defense.

Contact a Waukesha County Criminal Defense Attorney

The knowledgeable attorneys at Bucher Law Group have decades of experience defending clients in cases involving weapons charges, and we are committed to helping responsible gun owners protect their rights. We offer free consultations to answer any questions you may have and to make it easier for you to obtain qualified legal counsel as soon as possible. Call our tenacious Milwaukee County criminal defense lawyers today at 262-303-4916.







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