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FAQs WI DNR

The state of Wisconsin honors the following states when it comes to permits/licenses:

*Virginia- The state of Wisconsin will not acknowledge the permit / license of any Virginia residents. Except their Non-Resident Permit/ License.

*West Virginian- The state of Wisconsin will only acknowledge West Virginia’s permits issued or renewed after June 8, 2012

*Alaska- The state of Wisconsin will only honor licenses issued or renewed after January 1, 2013

*Missouri- The state of Wisconsin will only honor licenses issued or renewed on or after August 28, 2013

*Nevada- The state of Wisconsin will only honored Permits Issued or renewed on or after July 1, 2011.

*Ohio- The state of Wisconsin will only honored Permits Issued or renewed on or after March 23, 2015 This state honors non-resident permits/licenses from all other States that it honors, however, the person must be 21 years old and above.

Reciprocity / How This State Honors Other States Permit/ Licenses

165.25 (12m)

Rules Regarding Concealed Weapons Licenses.

Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac).

How to Apply?

Applicants may access the application form online, print and fill-out the form, provide a copy of their proof of training and include a check to Wisconsin Department of Justice amounting to $40. All must enveloped and mail to the address showing below:

Wisconsin Department of Justice
Attn: Firearms Unit PO Box 7130
Madison, WI, 53707-7130

For those who do not have access online, they may mail a request to the same address. Application will be mailed to them and same process and requirements should be done.

Training Requirements

Act 35 requires applicants to provide proof of firearms safety training. Any one of the below listed documents will be accepted as proof of meeting the law’s training requirement:

1. The hunter education program established under s. 29.591 or a substantially similar program that is established by another state, country, or province and that is recognized by the department of natural resources. (Note: you can obtain a duplicate Wisconsin hunter education certificate instantly online)
2. An unrevoked concealed carry license from another state or jurisdiction. You must enclose the affirmation form DJ-LE-289 verifying it is not revoked for cause. The license may be current or expired.
3. Proof of military, law enforcement, or security firearms training.
• Former military: DD214 or DD256 form showing either “honorable” or “general under honorable conditions” discharge or release from the US military. Remember to include copy 4 of the DD214.
• Active military: Certificate of completion of basic training with service record of successful completion of small arms training
• Law enforcement: Certification letter from the Wisconsin Law Enforcement Standards Board or Law Enforcement Standards Board Transcript of Recruit Course Completion from Wisconsin or another state.
• Security: Department of Safety and Professional Services Firearms Certification of Proficiency or similar course in another state.
4. Department of Justice Firearm Safety Course certificate (issued by DOJ-certified instructors).
5. Firearms safety or training certificate from a course taught by a national or state organization that certifies firearms instructors, or by an instructor certified by a national or state organization that certifies firearms instructors, or to the public by a law enforcement agency. If you participate in one of these courses, attach a copy of the certificate or affidavit from that course containing the following information:
1. Applicant’s name
2. Name of the firearms safety or training course
3. Date on which the applicant completed the firearms safety or training course
4. The name of the instructor who taught the firearms safety or training course and the name of the agency or organization that certified the instructor.

** An applicant who submits DNR hunter education certificate is not required to submit documentation of Number 2 to number 5. Any applicant that has proof training document listed from number 1 to number 5 is sufficient.

Note: Per Emergency Administrative Rules, minimum training hours should be 4 hours. A signed statement from the trainer, indicating that the course has been completed, along with training certificates are no longer needed. Online training is not accepted. The applicants will be notified if they submit incomplete requirements. In case the application is denied, the applicant will be advised about its reason in a form of writing. The department in-charge will post a sample of training certificate and list of their requirements on their website.

The state only issue non-resident permit to Military Stationed in Wisconsin.

175.60 (1) (dm) “Military resident” means an individual who is in active service in the U.S. armed forces and is stationed in this state for a term that is scheduled to be at least one year in duration.

175.60 (14) (c) A military resident who holds a license shall surrender the license at the time he or she ceases to be stationed in this state.

Note: An active military who will assign in Wisconsin for a long term or more than one year will be considered as a resident of the said state. And also can apply just like the ordinary resident of Wisconsin.

(16) Prohibited Activity.

(a) Except as provided in par. (b), neither a licensee nor an out−of−state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places:

1. Any portion of a building that is a police station, sheriff’s office, state patrol station, or the office of a division of criminal investigation special agent of the department.
2. Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
3. The facility established under s. 46.055. (Secure mental health facility for sexually violent Persons)
4. The center established under s. 46.056. (Wisconsin Resource Center)
5. Any secured unit or secured portion of a mental health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
6. Any portion of a building that is a county, state, or federal courthouse.
7. Any portion of a building that is a municipal courtroom if court is in session.
8. A place beyond a security checkpoint in an airport.

(b) The prohibitions under par. (a) do not apply to any of the following:
1. A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a).
2. A weapon in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out−of−state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.
3. A weapon in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.

(17) Penalties.

(a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents, within 48 hours, his or her license document or out−of−state license and photographic identification to the law enforcement agency that employs the requesting law enforcement officer. (ac) Except as provided in sub. (11) (b) 2., any person who violates sub. (11) (b) 1. may be required to forfeit $50.
(ag) Any person who violates sub. (2m) (e), (12), or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

Note: The state and local governments post notices in a form of signage via common entrances or sometimes just verbal in prohibiting people from carrying weapons into government building as the law states that the verbal or written warning must be given.

948.605(2)

(2) Possession of Firearm In School Zone.

(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony.

(b) 1r. A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. Wis. Stat. § 948.605(2)(b)1r.
“School” is defined as “a public school, parochial or private school, or tribal school, as defined in s. 115.001(15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.”

Note: The firearm must unloaded and secure before entering/driving onto school property.

943.13 (1m) (c)

1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm or with that type of firearm. In this subdivision, “residence,” with respect to a single−family residence, includes the residence building and the parcel of land upon which the residence building is located, and “residence,” with respect to a residence that is not a single−family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.

1m. While carrying a firearm, enters or remains in a common area in a building, or on the grounds of a building, that is a residence that is not a single−family residence if the actor does not own the residence or does not occupy any part of the residence, if the owner of the residence has notified the actor not to enter or remain in the common area or on the grounds while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of the grounds of the building if that part is used for parking and the firearm is in a vehicle driven or parked in that part.

2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building, grounds, or land occupied by the state or by a local governmental unit, to a privately or publicly owned building on the grounds of a university or college, or to the grounds of or land owned or occupied by a university of college, or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building, grounds, or land used as a parking facility.

3. While carrying a firearm, enters or remains at a special event if the organizers of the special event have notified the actor not to enter or remain at the special event while carrying a firearm or with that type of firearm. This subdivision does not apply, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the special event grounds or building used as a parking facility.

4. Enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

5. Enters or remains in any privately or publicly owned building on the grounds of a university or college, if the university or college has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

175.60 License to carry a concealed weapon.

(1) Definitions. In this section:

(d) “Licensee” means an individual holding a valid license to carry a concealed weapon issued under this section.

(j) “Weapon” means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.

Madison Metro Transit

To promote the safety and comfort of our riders, the following rules have been established.

1. No weapons are allowed of any kind.

943.13 (2) (bm) 1. In this paragraph, “sign” means a sign that states a restriction imposed under subd. 2. That is at least 5 inches by 7 inches.

Note: In posting a sign to notify that carrying firearm is prohibited, an owner or occupant must consider a right place to post it on to ensure that people would easily see and read it. Preferably, these signs must be posted near or via entrance door or part of the building. The signage must be at least 5 by 7 inches.

175.60 (15m) Employer Restrictions.

a. Except as provided in par. (b), an employer may prohibit a licensee or an out−of−state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee’s or out−of−state licensee’s employment or during any part of the licensee’s or out−of−state licensee’s course of employment.
b. An employer may not prohibit a licensee or an out−of−state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee’s or out−of−state licensee’s own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

(21) Immunity

a. The department of justice, the department of transportation, and the employees of each department; clerks, as defined in sub. (11) (a) 1. a., and their staff; and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done so in good faith.
b. A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision.
c. An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.

175.60 (2g)

(b) 1. Unless the licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her, during all times he or she is carrying a concealed weapon, his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license.

2. Unless the out−of−state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), an out−of−state licensee shall have with him or her his or her out−of−state license and photographic identification card at all times during which he or she is carrying a concealed weapon.

(c) Unless the licensee or out−of−state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), upon request by a law enforcement officer who is acting in an official capacity and with lawful authority, a licensee who is carrying a concealed weapon shall display to the officer his or her license document and, photographic identification card, and, if the licensee is a military resident, his or her military license, and an out−of−state licensee who is carrying a concealed weapon shall display to the officer his or her out−of−state license and photographic identification card.

175.60 (2g)

(b) 1. Unless the licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her, during all times he or she is carrying a concealed weapon, his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license.

2. Unless the out−of−state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), an out−of−state licensee shall have with him or her his or her out−of−state license and photographic identification card at all times during which he or she is carrying a concealed weapon.

(c) Unless the licensee or out−of−state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), upon request by a law enforcement officer who is acting in an official capacity and with lawful authority, a licensee who is carrying a concealed weapon shall display to the officer his or her license document and, photographic identification card, and, if the licensee is a military resident, his or her military license, and an out−of−state licensee who is carrying a concealed weapon shall display to the officer his or her out−of−state license and photographic identification card.

167.31

(2) Prohibitions; motorboats and vehicles; highways and roadways.

(a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a motorboat with the motor running, unless one of the following applies:

1. The firearm is unloaded or is a handgun.
2. The bow does not have an arrow nocked.
3. The crossbow is not cocked or is unloaded and enclosed in a carrying case.
(b) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless one of the following applies:
1. The firearm is unloaded or is a handgun.
2. The bow does not have an arrow nocked.
3. The crossbow is not cocked or is unloaded and enclosed in a carrying case.
(c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

948.605

(2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

(2) (b) (intro.) Paragraph (a) does not apply to the possession of a firearm by any of the following:

(2) (b) 1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).

Note: According to Federal Code 18 USC 922. A person can carry a handgun on their vehicle in Wisconsin within 1000 foot away from the school. They can be charged if they don’t follow the stipulation describe on the said rules above. They can also transport within 1000 foot away from the school without having permit or license with them, especially if their hand are unloaded and secured.

In Wisconsin, open carry is legal. Those places mentioned above in Carry Permit Limitations applies open carry.

The state pre-empts all firearm laws, therefore, local authorities can’t exercise laws/ordinances against open carry

Though in some states, open carry is not allowed in places even with a valid permit/license can carry.

66.0409 Local Regulation of Firearms.

(1) In this section:

a. “Firearm” has the meaning given in s. 167.31 (1) (c).
b. “Political subdivision” means a city, village, town or county.
c. “Sport shooting range” means an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.

(2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.

(3) (a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subch. V of ch. 77 on any firearm or part of a firearm, including ammunition and reloader components, sold in the county.

(b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm.

(4) (a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, if the ordinance or resolution is the s (am) Nothing in this section prohibits a political subdivision from continuing to enforce until November 30, 1998, an ordinance or resolution that is in effect on November 18, 1995, and that requires a waiting period of not more than 7 days for the purchase of a handgun.

(b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.

(c) Nothing in this section prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety.

(5) A county ordinance that is enacted or a county resolution that is adopted by a county under sub. (2) or a county ordinance or resolution that remains in effect under sub. (4) (a) or (am) applies only in those towns in the county that have not enacted an ordinance or adopted a resolution under sub. (2) or that continue to enforce an ordinance or resolution under sub. (4) (a) or (am), except that this subsection does not apply to a sales or use tax that is imposed under subch. V of ch. 77.

Chapter 939

Crimes General Provisions

Subchapter I

Preliminary Provisions

895.62 Use of Force in Response to Unlawful and Forcible Entry Into a Dwelling, Motor Vehicle, or Place of Business; Civil Liability Immunity.

939.48 Self-Defense and Defense of Others.

939.48(1) Threaten or Intentionally Use Force

939.48(2) Provocation

939.48(3) Intention

939.48(4) Defense of Others

939.48(5) Defense of Others

939.48(6) Unlawful

939.49 Defense of Property and Protection Against Retail Theft.

Stun Devices/Electric Weapons:

941.295 – (2) (d) 2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

941.295 (2g) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:

a. A licensee or an out−of−state licensee.
b. An individual who is not a licensee or an out− of−state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.

Chemical Sprays:

Wisconsin Statute 941.26

(1) (b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.

(4) (a) Subsections (1) to (3) do not apply to any device or container that contains a combination of oleoresin of capsicum and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort.

Laws Still in Effect

• OC and inert ingredients only Class A misdemeanor
• 18 years old to purchase Class E forfeiture
• Use only in self defense Class A misdemeanor
• Not for use against a peace officer Class H felony
• Not for use in a crime Class H felony
• Felons cannot possess Class A misdemeanor
• Seller must provide proper label and written safety instructions Class A misdemeanor

Provisions on sprays in old rules that were eliminated

• Minors cannot possess
• Ingredient ratio limits Only Michigan (11%) and Wisconsin (10%) have a limit
• Minimum and maximum spray range No other states have both range requirements
• No camouflage (disguised) canisters
• No direct or ready access provided by the seller
• Additional highlighted message to read safety instructions Weight restrictions

Things to consider with Loaded Firearms in Wisconsin

167.31 and 941.237

(g) “Unloaded” means any of the following:

1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
2. In the case of a cap lock muzzle−loading firearm, having the cap removed.
3. In the case of a flint lock muzzle−loading firearm, having the flashpan cleaned of powder.

175.60

(j) “Weapon” means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.

323.12 Governor; Duties and Powers.

1. Ongoing duties. The governor shall do all of the following:
a. Review orders establishing or altering emergency management areas.
b. Review state emergency management plans and modifications to the plans.
c. Determine responsibilities of state departments and independent agencies with respect to emergency management and by order direct those departments and agencies in utilizing personnel, facilities, supplies, and equipment before and during a state of emergency.
2. Ongoing powers. The governor may do all of the following:
a. On behalf of the state, enter into mutual aid agreements concerning emergency management with other statesc.
b. Accept from any source gifts and grants including services for emergency management purposes and may authorize the state and local units of government to receive such gifts and grants. When grants require participation by a local unit of government, the state may transfer title to equipment acquired through an agreement between participating local units of government.
c. If the governor determines that a condition of civil disorder or a threat to the safety of persons on state property or damage or destruction to state property exists, he or she may, without declaring an emergency, call out the state traffic patrol or the conservation warden service or members of that patrol or service for use in connection with the threat to life or property.
3. Duties during an emergency. During a state of emergency declared under s. 323.10, the governor shall issue orders, delegate such authority as is necessary to the administrator, and direct the division to coordinate emergency management activities.
4. Powers during an emergency. The governor may do all of the following during a state of emergency declared under s. 323.10:
a. Declare priority of emergency management contracts over other contracts, allocate materials and facilities in his or her discretion, and take, use, and destroy, in the name of the state, private property for emergency management purposes. The governor shall keep records of that action. Those records shall be evidence of a claim against the state. The claim against the state shall be referred to the claims board under s. 16.007.
b. Issue such orders as he or she deems necessary for the security of persons and property.
c. Contract on behalf of the state with any person to provide, on a cost basis, equipment and services to be used to respond to a disaster or the imminent threat of a disaster.
d. Suspend the provisions of any administrative rule if the strict compliance with that rule would prevent, hinder, or delay necessary actions to respond to the disaster.

323.24 Prohibition against restricting firearms or ammunition during emergency. A person who is granted emergency powers under this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency

Wisconsin 18 Y/O 948.60

18 years old is the minimum age that can carry and transporting an unloaded handgun and bring into a vehicle without the presence or carrying any type of license or permit.

Note: This restriction is not applicable for some states. For some state carrying and transporting a handgun can be found in Gun Shop, Shooting range and other places that legally possessing a firearm.

12/11/15 – Initial page created