Wisconsin Gun Laws: What Can Get You Arrested?

 Posted on July 11, 2025 in Gun Violations

A report from October 2024 showed that firearm deaths rose consistently in Wisconsin every year since 2018. In 2022 alone, 830 people died from guns in homicides and suicides, while that number was 598 in 2018. The 2022 number was higher than the number of deaths from auto accidents in the state.  

Although the talking point from the gun lobby says that more guns make people safer, study after study continues to show that the opposite is true. The more firearms our society has, the higher the rate of gun violence. This report does not consider the hundreds or thousands of gun violence injuries that do not result in death.  

Despite the fact that policies like universal background checks and red flag laws are widely supported by Wisconsin residents, the Legislature has consistently gone the other direction. Still, violating firearm laws in the state can lead to serious criminal charges, including felony charges. From carrying a concealed weapon without a permit to possessing a gun as a felon (and everything in between), it is important to know the laws and protect yourself from criminal liability.

When you have an experienced Walworth County, WI criminal defense lawyer by your side, the outcome of your charges is likely to be less severe. It is rarely ever a good idea to attempt to represent yourself against criminal charges, particularly gun charges.

What Are the Open Carry and Concealed Carry Laws in Wisconsin?

Wisconsin is an open carry state, meaning an individual who is not otherwise barred from doing so can carry a firearm openly in public without a permit so long as he or she is 18 or older. Open carry is restricted in certain airport locations, mental health facilities, courthouses, prisons, and police stations.

Concealed carry in the state requires a Wisconsin Concealed Weapons License (CWL) or a valid license or permit from a state with reciprocity. To obtain a CWL, an applicant must be 21, complete a firearms safety course, and pass a background check. The license is valid for five years and requires a subsequent background check upon renewal, but no further training is required. An individual without a CWL can carry a handgun in his or her vehicle, but it cannot be concealed.

Wisconsin recognizes concealed carry permits from 44 states. For open carry, Wisconsin allows any out-of-state person to open carry without a permit, provided that person is legally able to possess a firearm under both state and federal laws. Wisconsin prohibits its cities and counties from creating laws that conflict with the state’s open carry laws.  

What Are the Most Common Reasons People Are Arrested in Wisconsin for Gun Violations?

Carrying a concealed weapon without a valid CWL license, carrying a gun in prohibited areas, altering or defacing a serial number on a firearm, possession of a firearm while intoxicated, and possession of a firearm by a felon are the most common reasons for a gun violation arrest. These violations may be found during a traffic stop, a domestic violence incident, or when a person is carrying a gun during the commission of another crime.

Carrying a concealed weapon without a valid CWL license is a Class A misdemeanor with the potential for up to nine months in jail. Carrying a gun in a prohibited area is also a Class A misdemeanor. Defacing a serial number on a firearm is a Class H felony with penalties up to six years in prison. Possession of a firearm by a felon is a Class G felony, with penalties up to ten years in prison. Possession of a firearm while intoxicated is a Class A misdemeanor.

Contact a Racine County, WI Gun Crimes Lawyer

If you have been arrested for a firearm-related offense in Wisconsin, be aware that you could face serious penalties. A highly skilled Jefferson County, WI gun crimes attorney can help protect your rights and fight for the best possible outcome. Attorney Bucher spent two decades as the Waukesha County District Attorney, which gives him a unique perspective that benefits his clients. Call 262-303-4916 to schedule your free consultation.