Wisconsin Red Flag / Extreme Risk Protection Orders

The Headline

Wisconsin does NOT have a red flag or extreme risk protection order (ERPO) law. No standalone state statute permits a court to order temporary surrender of firearms based on a risk assessment alone.

Multiple bills have been introduced in recent Wisconsin biennia to create an ERPO scheme, but none have been enacted into law as of mid-2026.

This places Wisconsin in the minority of states without an ERPO framework. About 20 states (including California, Florida, Illinois, Washington, Massachusetts, New York, New Jersey, Colorado) have enacted some form of red-flag law. Wisconsin has not.

What Wisconsin Does Have

Although Wisconsin lacks a standalone ERPO, several existing legal mechanisms can result in firearm surrender:

1. Domestic Abuse Injunctions

Under Wis. Stat. § 813.12, a person who is a victim of domestic abuse (as defined in the statute) may petition for a temporary restraining order and, after a hearing, a domestic-abuse injunction lasting up to four years. The injunction may include firearm surrender provisions.

A respondent subject to a Wis. Stat. § 813.12 injunction:

• May be ordered by the court to surrender firearms to a sheriff or third party for the duration of the injunction.
• Is a prohibited person under Wis. Stat. § 941.29 for the duration of the firearm-surrender order.
• Is a federal prohibited person under 18 U.S.C. § 922(g)(8) for the duration of the qualifying restraining order.

2. Child Abuse Injunctions

Wis. Stat. § 813.122 provides a parallel framework for child-abuse injunctions. Firearm-surrender provisions may apply.

3. Harassment Injunctions

Wis. Stat. § 813.125 covers general harassment injunctions. These do NOT automatically trigger firearm surrender, but a court has discretion to include firearm-related conditions.

4. Mental Health Commitments

A person involuntarily committed under Wis. Stat. § 51.20 may be subject to firearm surrender and is a prohibited person under Wis. Stat. § 941.29 and 18 U.S.C. § 922(g)(4). The commitment must meet the statutory threshold; voluntary commitment for treatment without an adjudication of mental illness does not trigger the prohibition.

5. Felony Conviction

A person convicted of a felony in Wisconsin or any jurisdiction is a prohibited person under Wis. Stat. § 941.29 and 18 U.S.C. § 922(g)(1). Conviction triggers firearm surrender as a collateral consequence of the criminal disposition.

6. Conditions of Bail or Probation

A Wisconsin court may impose firearm-related conditions on a defendant as conditions of bail under Wis. Stat. § 969.03 or as conditions of probation. The defendant must surrender firearms during the conditional period.

What Wisconsin Does NOT Have

Wisconsin specifically lacks:

• Petitioner standing for risk assessment - the existing mechanisms require a specific predicate (domestic abuse, child abuse, mental health commitment, conviction). A family member or law enforcement officer cannot petition based on a general risk assessment.
• Temporary risk-based surrender without a substantive criminal or domestic violence predicate.
• Ex parte risk-based order - the existing mechanisms require notice and hearing.

Legislative Outlook

Wisconsin's lack of an ERPO law is a frequent subject of legislative proposal. Bills have been introduced by both Republican and Democratic legislators (with varying scope and protections) in multiple recent sessions. None have advanced to enactment.

The political dynamic in Wisconsin makes ERPO legislation unlikely in the near term. The Wisconsin Legislature has been more receptive to incremental changes within the existing Wis. Stat. § 813.12 domestic-abuse framework than to a standalone ERPO scheme.

What Happens in a Crisis

In a Wisconsin family or community concerned about a person's firearm access during a mental-health crisis, the available options:

1. Call 911 if the person is an imminent danger to themselves or others. Law enforcement can detain under emergency mental-health authority and may surrender firearms to law enforcement for safekeeping.
2. Voluntary surrender - the person may voluntarily surrender firearms to a family member, friend, or local law enforcement agency. Wisconsin generally permits voluntary surrender without court order.
3. Petition for Wis. Stat. § 813.12 injunction if the predicate for domestic abuse exists.
4. Petition for Wis. Stat. § 51.20 mental health commitment if the person meets the statutory dangerousness threshold.

Compliance for CCL Holders

A Wisconsin CCL holder who becomes subject to any of the above orders (domestic abuse injunction, mental-health commitment, felony conviction, bail or probation condition) must comply with the surrender order. The CCL is typically revoked by DOJ upon notification of the disqualifying event.

A CCL holder who has been the petitioner in a Wis. Stat. § 813.12 injunction (i.e., the protected person) does NOT lose CCL status as a result of the injunction.

Federal Layer - 18 U.S.C. § 922(g)(8)

Federal law at 18 U.S.C. § 922(g)(8) makes it unlawful for a person subject to a qualifying restraining order to possess firearms. The federal prohibition applies for the duration of the order. Recent U.S. Supreme Court litigation in United States v. Rahimi (2024) upheld the federal § 922(g)(8) framework against Second Amendment challenge.

A Wisconsin respondent under § 813.12 typically also meets the federal § 922(g)(8) prohibition.

Voluntary Out-of-State ERPO Recognition

Some states with ERPO laws will honor an out-of-state ERPO. Wisconsin courts have no statutory framework to enforce another state's ERPO, but a Wisconsin sheriff may decline to return seized firearms to a Wisconsin resident who is subject to an active ERPO in another state.

Practitioner Guidance

For Wisconsin firearms instructors and CCL holders:

• Be aware that Wisconsin lacks a standalone ERPO but has several other mechanisms that can result in firearm surrender.
• A domestic-abuse injunction is the most common surrender event for civilians.
• Mental-health crises in the family or community should be addressed through Wis. Stat. § 51.20 and emergency mental-health protocols, not through informal firearm confiscation.
• A CCL holder under any of the qualifying conditions must comply with the surrender order.
• Voluntary surrender during a crisis can be arranged with family members or local law enforcement; no court order is required.

Disclaimer

This summary is informational. Domestic-abuse injunctions, mental-health commitments, and criminal-conviction surrender procedures are fact-specific. Consult a Wisconsin attorney for guidance on your specific situation.