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Gun laws in Wisconsin

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Gun laws in Wisconsin

Gun laws in Wisconsin regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Wisconsin.

The Constitution of Wisconsin protects the right to bear arms in Article 1, Section 25 – "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

Wisconsin has state preemption laws which generally forbid cities from passing firearms or knife ordinances stricter than that of state law. Localities may impose a sales or use tax, and may restrict the discharge of firearms (except for self-defense).

On March 8, 2017, the Wisconsin Supreme Court ruled that Madison's Metro Transit rule forbidding firearms on public buses violated the state's preemption law, and that people who are lawfully carrying arms must be allowed to carry on public buses.

Wisconsin is a shall-issue state for concealed carry licensing. As of November 1, 2011, Wisconsin residents may apply for a concealed carry license through the Wisconsin Department of Justice. The law allows Wisconsin to become the 49th state in the Union to make some provision for the concealed carry of firearms by normal citizens.

Open carry is legal without a permit anywhere concealed carry is legal. It is legal for all adults unless they are prohibited from possession of firearms. Wisconsin state law 948.60(2)(a) states: "Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor." However, the exceptions are: “when a person under 18 possesses a rifle or shotgun” and "when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult." Wisconsin statute 948.60(3)(c) states: "This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593." Statute 29.304(3)(b) states: "No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm" with added exceptions listed. Children over 12 and under 16 are allowed to use rifles and shotguns under very limited, supervised situations. A license for adults is not required unless in a taxpayer-owned building or within 1000 feet of school property and not on private property.

In the past, some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009, the Wisconsin Attorney General's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice.

In 2011 a subsection was added to the Disorderly Conduct statute (947.01 ) reading "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried." This codified open carry, ending any debate as to its legality.

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