Wisconsin Restrictions

Categories of Restrictions

Wisconsin's restriction framework operates at three layers:

1. Prohibited persons under Wis. Stat. § 941.29 (state) and 18 U.S.C. § 922(g) (federal).
2. Prohibited conduct under Wis. Stat. § 941.23 (concealed carry without license), Wis. Stat. § 941.235 (public buildings), Wis. Stat. § 941.237 (alcohol-serving premises), federal aviation rules (airports), Wis. Stat. § 941.20 (carry while intoxicated), and Wis. Stat. § 941.295 (electric weapons).
3. Prohibited weapons - certain weapon types whose possession is restricted regardless of carry posture.

Wis. Stat. § 941.29 - Prohibited Persons (Wisconsin State Law)

Under Wis. Stat. § 941.29, the following persons may NOT possess a firearm in Wisconsin:

• Anyone convicted of a felony in Wisconsin or any other jurisdiction.
• Anyone adjudicated delinquent for an act that would be a felony if committed by an adult.
• Anyone committed to a mental health facility under Wis. Stat. § 51.20 or comparable proceedings.
• Anyone subject to certain domestic-abuse injunctions with firearm-surrender provisions.
• Anyone subject to a child-abuse injunction with firearm-surrender provisions.
• Anyone ordered to not possess a firearm by a court (e.g., as a condition of bail or probation).

A § 941.29 violation is a felony. Possession of a firearm by a prohibited person can result in significant prison time, federal prosecution, or both.

18 U.S.C. § 922(g) - Federal Prohibited Persons

Federal law at 18 U.S.C. § 922(g) layers additional prohibitions:

• (g)(1) felons (convicted of any crime punishable by imprisonment for more than one year)
• (g)(2) fugitives from justice
• (g)(3) unlawful users of, or persons addicted to, controlled substances
• (g)(4) persons adjudicated mentally defective or committed to a mental institution
• (g)(5) aliens unlawfully in the U.S., or admitted under non-immigrant visa with limited exceptions
• (g)(6) persons dishonorably discharged from the armed forces
• (g)(7) persons who have renounced U.S. citizenship
• (g)(8) persons subject to a qualifying restraining order related to an intimate partner
• (g)(9) persons convicted of a misdemeanor crime of domestic violence

The federal layer reaches some categories Wisconsin's § 941.29 does not (e.g., the (g)(9) misdemeanor domestic-violence prohibition is federal). A person who is not a Wisconsin prohibited person may still be a federal prohibited person.

Restoration of Firearm Rights

Wisconsin's framework for restoration of rights is narrow. Wis. Stat. § 941.29(8) provides a path for certain prohibited persons to restore Wisconsin firearm rights through a circuit-court petition, but the path does NOT restore federal rights. A person whose Wisconsin rights are restored may still be a federal prohibited person under 18 U.S.C. § 922(g).

Common restoration paths:

• Wisconsin felony pardon by the Governor.
• Wisconsin felony expungement (limited).
• Out-of-state restoration if the original conviction was in another state.
• Certain mental-health restoration under Wis. Stat. § 51.20(13)(cv)1m.

Restoration is fact-specific and requires legal counsel.

Wis. Stat. § 941.23 - Carrying Concealed Weapon

The criminal baseline for concealed carry is Wis. Stat. § 941.23. Carrying a concealed and dangerous weapon (handgun, knife, billy club, electric weapon, etc.) without a valid CCL or recognized out-of-state license is a Class A misdemeanor. See Concealed Carry.

The statute has exceptions for:

• Holders of a valid Wisconsin CCL under Wis. Stat. § 175.60.
• Holders of an out-of-state license recognized under Wis. Stat. § 175.60(2g).
• Peace officers and military personnel acting in their official capacity.
• A person who goes armed in the person's own dwelling, place of business, or on land the person owns, leases, or legally occupies.

Wis. Stat. § 941.2905 - Straw Purchasing

Wis. Stat. § 941.2905 prohibits straw purchasing - acquiring a firearm on behalf of a prohibited person. The offense reaches:

• A person who knowingly makes a false statement or furnishes false identification in connection with a firearm acquisition.
• A person who knowingly transfers a firearm to a prohibited person.

Straw purchasing is a Class H felony in Wisconsin. Federal law at 18 U.S.C. § 922(a)(6) and 18 U.S.C. § 924(a)(1)(A) layers additional federal felony prohibitions.

Wis. Stat. § 941.295 - Electric Weapons

Wis. Stat. § 941.295 governs electric weapons (tasers, stun guns). A Wisconsin CCL is required for concealed carry of an electric weapon in public. Open possession by a non-prohibited adult is generally lawful subject to specific carve-outs.

Wisconsin Does NOT Have

Wisconsin's restriction framework notably does NOT include:

• Magazine capacity limit. Wisconsin imposes no cap on handgun or long-gun magazine capacity. Standard-capacity magazines (15-, 17-, 20-, 30-round) are lawful to own and use.
• Assault weapons ban. Wisconsin imposes no statutory ban on AR-pattern, AK-pattern, or other semi-automatic rifles by feature, model, or list. Federal NFA framework applies to fully automatic rifles, suppressors, short-barreled rifles, and short-barreled shotguns.
• Universal background check for private transfers. A private transfer of a long gun between Wisconsin residents requires no background check. Handgun transfers between Wisconsin residents also do not require a background check at the state level (the prior 48-hour handgun-purchase wait was repealed by 2015 Wisconsin Act 149).
• Red flag / extreme risk protection order. Wisconsin has no standalone ERPO. Domestic-abuse and child-abuse injunctions can include firearm surrender, but Wisconsin has not enacted a freestanding red-flag statute.

Federal Background Check at FFL

A Wisconsin resident purchasing a firearm from a federally licensed dealer (FFL) is subject to the federal NICS background check under 18 U.S.C. § 922(t). The check is typically instant; delays of up to three business days are permitted before the FFL may proceed.

A CCL serves as an alternative to NICS under federal law because the CCL is issued only after a background check that meets the federal "licensed by a State" exception under 18 U.S.C. § 922(t)(3). A Wisconsin CCL holder presenting their valid card to an FFL can typically skip the NICS query.

Restricted Activities for CCL Holders

A CCL holder is subject to additional restrictions beyond those that apply to non-licensees:

• Subject to Wis. Stat. § 175.60(15m) prohibited-location list.
• Subject to Wis. Stat. § 943.13 posted-property compliance (forfeiture for violation).
• Subject to Wis. Stat. § 175.60(2g)(c) duty to display the CCL on demand.
• Subject to DOJ rulemaking under Wis. Admin. Code Jus 17.

Age-Based Restrictions

• 18 years - minimum age for open carry of a handgun (Wisconsin); minimum age for long-gun purchase from FFL under federal law.
• 21 years - minimum age for handgun purchase from FFL under federal law (18 U.S.C. § 922); minimum age for Wisconsin CCL under Wis. Stat. § 175.60(3).
• Under 18 - generally prohibited from possessing a dangerous weapon under Wis. Stat. § 948.60.

Wisconsin's Light Touch

Wisconsin's restriction framework is generally lighter than that of California, New York, Massachusetts, or Washington. The absence of magazine caps, assault-weapons restrictions, and universal background checks places Wisconsin among the more permissive Midwestern states. Federal law applies in full.

Summary