Wisconsin's firearm preemption statute is Wis. Stat. § 66.0409. The provision broadly preempts local regulation of firearms by cities, villages, towns,...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Wisconsin's firearm preemption statute is Wis. Stat. § 66.0409. The provision broadly preempts local regulation of firearms by cities, villages, towns, and counties, subject to narrow carve-outs.
The core rule: a Wisconsin political subdivision may NOT enact or enforce any ordinance or resolution regulating the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, taxation, or storage of any firearm, except as expressly authorized by Wisconsin statute.
Wisconsin's preemption means that a city like Milwaukee, Madison, or Green Bay may NOT:
Any such local ordinance is preempted by Wis. Stat. § 66.0409 and unenforceable.
Wis. Stat. § 66.0409 includes specific carve-outs where local regulation IS permitted:
A political subdivision may regulate the discharge of firearms within its boundaries. A city may prohibit discharge of firearms within city limits, regulate target shooting on residential property, regulate hunting discharge in proximity to dwellings, etc. The discharge carve-out is broad and frequently exercised by municipalities.
A political subdivision may regulate storage of firearms in publicly owned buildings. A city office may have a policy on storage of city-issued firearms by city employees.
A political subdivision may regulate firearm carry by its employees as a condition of employment. A city may, for example, prohibit on-duty city employees from carrying personal firearms during work hours.
Under Wis. Stat. § 175.60(15m) and Wis. Stat. § 941.235, certain government buildings are prohibited locations regardless of local preemption. Local governments may post specific buildings against carry under Wis. Stat. § 943.13 and rely on the criminal-trespass framework rather than on local firearm ordinance.
A political subdivision may regulate firearm carry on local mass transit vehicles. Many Wisconsin transit authorities post their vehicles under Wis. Stat. § 943.13.
If a Wisconsin political subdivision enacts an ordinance preempted by Wis. Stat. § 66.0409, the ordinance is void as a matter of law. A licensee or firearm owner may:
The Wisconsin Attorney General has historically taken an active role in enforcing preemption against local ordinances that exceed state law.
Wisconsin's preemption statute was strengthened in 2011 in conjunction with 2011 Wisconsin Act 35 (the CCL framework). The strengthening reflected the legislature's intent that the new CCL scheme operate uniformly across the state without local variation.
Before 2011, Wisconsin's preemption was less robust. Some cities had attempted to impose handgun bans (notably Milwaukee in the 1980s and 1990s, though those ordinances were generally struck down). The 2011 amendments closed those gaps.
Wisconsin preemption operates in one direction (state preempts local). Federal preemption operates separately and reaches some areas of firearm regulation that even state law cannot override:
Wisconsin law and federal law layer; the more restrictive controls.
Wisconsin preemption does not bar a private property owner (or a local government acting as a property owner) from posting against firearm carry under Wis. Stat. § 943.13. A city may post a municipal building against carry; this is property-owner action, not regulatory action, and is not preempted by Wis. Stat. § 66.0409.
The distinction is:
A Wisconsin CCL holder may lawfully carry concealed on public streets, sidewalks, and parks throughout Wisconsin, regardless of municipal ordinance. A local prohibition on concealed carry in public spaces is preempted.
Similarly, open carry by an adult 18 or older is lawful on public streets and sidewalks throughout Wisconsin, subject to the public-building and other statutory prohibited-place rules. Local prohibitions are preempted.
Wisconsin's preemption produces a uniform statewide framework. A CCL holder traveling from Milwaukee to Eau Claire faces the same carry rules in both cities (subject to specific posted private property and federal facilities). A non-licensee traveling the same route faces the same Wis. Stat. § 941.23 baseline in both cities.
This uniformity is one of the key benefits of strong state preemption.
Wisconsin's preemption framework is comparable to most Republican-leaning Midwest states. Florida, Texas, Georgia, Arizona, Ohio, Indiana, and many others have similar broad preemption with narrow carve-outs.
Some states (e.g., Illinois, California, New York, Colorado) have weaker preemption, allowing significant local variation. Some cities in those states (Chicago, Los Angeles, New York City) impose substantial local restrictions beyond state law.
A CCL holder in Wisconsin should be aware that:
Wisconsin maintains a strong preemption framework under Wis. Stat. § 66.0409. Local governments may not regulate firearms beyond state law except for narrow carve-outs (discharge, storage in public buildings, employment conditions, public transit). The result is a uniform statewide carry environment - one of the strongest aspects of Wisconsin's framework for licensees and instructors.
This page covers one part of our Wisconsin concealed carry guide.
Read the complete Wisconsin guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.