Wisconsin Briefs

Wisconsin Legislative Reference Bureau

from the Legislative Reference Bureau

Brief 123

May 2012 (Revised December 2012)

CONCEALED CARRY AND FIREARMS LAWS IN WISCONSIN

INTRODUCTION 2011 Wisconsin Act 35 authorized eligible residents, effective November 1, 2011, to be licensed to carry a concealed weapon such as a handgun. In general, the Wisconsin Department of Justice must issue a concealed carry license to any resident applicant over 21 years of age who is not prohibited under state or federal law from possessing a firearm. Applicants must submit proof of firearms training and undergo a criminal history background check. Under the law, all weapons, including concealed firearms, are prohibited in certain places such as courthouses and police stations. In addition, proprietors of businesses and other property owners may post signs to prohibit people from carrying a firearm on their premises and governments may prohibit persons from carrying a firearm in all or parts of public buildings except parking areas. Wisconsin joined 48 other states which have explicitly authorized various levels of concealed carry permitting or do not prohibit going armed with concealed weapons in public. Illinois is the only state that completely bans concealed carry. However, a federal appeals court ruled in December 2012, that Illinois would have to allow ordinary citizens to carry weapons outside their homes in certain circumstances. This brief summarizes Wisconsins law regarding carrying concealed weapons and other laws relating to firearms. CONCEALED CARRY HISTORY Both the Wisconsin and the U.S. Constitutions address a basic right to keep and Prepared by Dan Ritsche, Senior Legislative Analyst bear arms. However, prior to the enactment of 2011 Wisconsin Act 35, the concealed carrying of dangerous weapons, including firearms, by private citizens in public had been prohibited since 1872. The meaning of the Second Amendment to the U.S. Constitution has long been subject to debate. It reads: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Some have asserted that it liberally grants citizens the right to possess guns, while others have opined that it should be construed more narrowly as merely protecting a states right to organize an armed militia. A 2008 U.S. Supreme Court decision, District of Columbia et al. v. Heller (554 US 570), struck down the District of Columbias strict prohibition on the ownership of handguns. The Court held that the second amendment protects an individuals right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. An amendment to the Wisconsin Constitution ratified in November 1998 by a vote of 1,205,873 to 425,052 guaranteed in Article I, Section 25 a broader privilege: The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. It was left to the legislature and the courts to determine what limits may be placed upon this right and to clarify how the law is applied in practice. In 2003, the Wisconsin Supreme Court, in State of Wisconsin v. Hamdan (264 Wis. 2d 433), ruled that a Wisconsin resident has a right to carry a concealed weapon on his or her property, business, or home, when the need to exerReference Desk: (608) 266-0341 Web Site: www.legis.wisconsin.gov/lrb

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cise this right is significant, the person has no other reasonable means to keep and handle the weapon, and the person is not motivated by any unlawful purpose in concealing the weapon. The court urged . . . the legislature to thoughtfully examine Wisconsin Statute Section 941.23 in the wake of the (Right to Keep and Bear Arms) amendment and to consider the possibility of a licensing or permit system for persons who have a good reason to carry a concealed weapon. In 2006, the court refused, in State of Wisconsin v. Fischer (290 Wis. 2d 212), to generally extend the right to carry concealed weapons to persons in vehicles but did allow there could be circumstances in which it would be permitted. Bills to authorize licenses to carry concealed firearms have been introduced regularly since the 1999 Legislative Session with a number of them making significant progress. 2011 Assembly Bill 675 passed in the assembly but failed in the senate. 2003 Senate Bill 214 passed in both the senate and the assembly, but was vetoed by the governor. A similar proposal, 2005 SB-403, again passed in both houses and was vetoed. The senate voted by the required two-thirds margin to override the veto, but the assembly narrowly failed in an override attempt. Two bills in the 2011 Legislative Session, SB-90 and AB-126, proposed authorizing licenses to carry concealed weapons. In addition, 2011 Senate Bill 93, as introduced, was a constitutional carry measure, which would have allowed people to carry a concealed weapon without needing a permit or training. SB-93 was amended to include licensing and training requirements and was enacted July 8, 2011, as 2011 Wisconsin Act 35. It took effect on November 1, 2011. CONCEALED CARRY LICENSING 2011 Wisconsin Act 35 created Section 175.60, Wisconsin Statutes, License to carry a concealed weapon. The law requires the Department of Justice (DOJ) to issue a license

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to carry a concealed weapon to any qualified individual who completes the application process. Weapons covered under the law are handguns (pistols), electric weapons (Taser stun guns), knives (other than switchblade knives), and billy clubs. Eligibility. To be eligible for a license, a person must be at least 21 years of age, a Wisconsin resident, not be prohibited from possessing a firearm due to a felony conviction or having been found not guilty of a felony by reason of mental disease or defect, not having been ordered by a court not to possess a firearm due to mental health issues, not being subject to certain injunctions, not having been prohibited by a court from possessing a firearm as a condition of a bail bond, and not be prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce. In Wisconsin, a felon may not possess a firearm unless pardoned by the governor, provided the pardon does not retain the firearm restriction. Before DOJ may issue a license, DOJ must subject the applicant to a criminal history background check. A circuit court must notify DOJ of any court proceeding, such as a felony conviction, that makes a person ineligible to hold a concealed carry license. Training Requirements. An applicant must provide a certificate or proof of training, which may be met by any of the following: The Department of Natural Resources (DNR) Hunter Safety program or similar qualified course from another jurisdiction. Firearms safety or training course taught by a certified or qualified instructor offered by a national or state organization, by a law enforcement agency, or by a technical college or other post-secondary educational institution, a firearms training school, or any other qualified instructor. Documentation that a person completed military, law enforcement, or secu-

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rity training that gave the person experience with firearms; or documentation of completion of military small arms training as demonstrated by an honorable discharge or general discharge under honorable conditions or a certificate of completion of basic training with a service record of successful completion of small arms training and certification. A current or expired license (or a photocopy) that the person holds or has held that indicates the person is licensed or has been licensed to carry a firearm in Wisconsin or in another state or in a county or municipality of Wisconsin or another state, unless the license has been revoked for cause. The law does not clearly define the required content of training but specifically provides that DOJ may not require firing live ammunition to meet the requirements. In October 2011, DOJ issued Emergency Rule EmR1114 (creating Chapters Jus 17 and Jus 18, Wisconsin Administrative Code) which provided that a member of the public seeking a license to carry concealed weapons must undergo at least four hours of instructor-led, face-to-face training conducted by a certified instructor in which the instructor actively guides students through each lesson, answers questions, facilitates discussion, and provides feedback on activities or assignments. The rule states that a qualified firearms safety or training course must be reasonably calculated to instruct, practice, and test the students comprehension and application of firearm safety rules and safe firearm handling . . . Actual handling of a weapon is not required. Learner-led or self-directed learning delivered via web pages (the Internet), multimedia presentations, computer applications, online presentations, or similar methods do not satisfy the training requirement. On November 7, 2011, the Legislative Joint Committee for Review of Administrative Rules (JCRAR) suspended portions of the emergency rules, including the minimum

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four-hour length requirement for training courses, the requirement that the training certificate must be signed by the instructor, the requirement that the instructors contact information and location of the training be included, and the requirement that a firearms safety or training course be reasonably calculated to test a students comprehension and application of firearm safety rules and safe firearm handling. On December 7, 2011, JCRAR introduced two bills (2011 AB-413 and SB-325) proposing to statutorily prohibit the portions of the emergency rules to which the committee had objected. On November 10, 2011, DOJ submitted for the governors approval a scope statement for proposed permanent rules which did not include the substance of any of the provisions that had been suspended by JCRAR. The governor approved the scope statement on December 19, 2011, and it was published in Wisconsin Administrative Register No. 672 on December 31, 2011. Since that time, DOJ has been engaged in the process of drafting proposed permanent rules which will not include the substance of any of the provisions in the emergency rules that had been suspended by JCRAR. In February 2012, DOJ began the process of implementing another emergency rule to continue in effect the suspension of the portions of the rules objected to by JCRAR. Otherwise, under the law, the objected-to portions of the original emergency rule would go back into effect because the two bills introduced by JCRAR failed to be enacted by the conclusion of the legislative session. DOJ stated that inaction would be confusing and disruptive both for permit applicants and for DOJ staff administering the . . . program and that the new emergency rule was necessary to prevent, pending completion of the permanent rule, discontinuity in the operation of the concealed carry rules by re-promulgating the existing emergency rules in their entirety with the exception of those portions that were suspended by JCRAR . . .

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Application Form, Cost, and Process. The application form may require the applicant to provide only his or her name, address, date of birth, drivers license or state identification card number, and a physical description (including race, sex, height, and eye color). The form must contain all of the following: A statement that the applicant is ineligible for a license if he or she does not meet all of the applicable eligibility factors. A statement explaining self-defense and defense of others under s. 938.48 which the applicant must sign to indicate that he or she has read and understands the statement. A statement, which the applicant must sign, to indicate that he or she has read and understands all of the requirements of the concealed carry law. A statement that the applicant may be prosecuted if he or she intentionally gives a false answer to any question on the application or intentionally submits a falsified document with the application. A statement of the penalties is also included. A statement of the places where a licensee is prohibited from carrying a weapon, as well as an explanation of places where carrying a weapon may be limited. The applicant must sign the statement to indicate that he or she has read and understands it. The completed application form and proof of training is submitted to DOJ, along with a $50 payment, which consists of an license fee which may not exceed $37, and a $13 criminal record background check fee. The applicant must also sign a statement that the information and documentation provided is true and complete to the best of the applicants knowledge. DOJ has 21 days after receiving the application to conduct the criminal history record search and either issue the

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license or reject the application. The license card or document may not contain the licensees Social Security number and must be as tamper proof as a drivers license. If the application is disapproved, DOJ must state the reason and factual basis for the denial, which may be appealed in circuit court. A newly issued or renewed license is valid for five years, and at least 90 days before the expiration of the license, DOJ must mail a notice along with a renewal form. The cost of renewing a license may not exceed $12, plus $13 for another background check. Licensees must inform DOJ within 30 days of a change of address. Failure to do so may result in a warning for a first offense and a $50 forfeiture for a subsequent offense. Replacing a lost, destroyed, or otherwise unusable license costs $12. Emergency Licenses. A person may petition the circuit court in his or her county to issue an emergency license. The court may approve the license, which is valid for 30 days, to an eligible person if it determines that immediate licensure is warranted to protect the person from death or great bodily harm. Displaying License to Law Enforcement Officers. When carrying a concealed weapon, a licensee must at all times have with him or her the license document and photo ID and must display them upon request of a law enforcement officer acting in an official capacity. Failure to have or present a license and photo ID when carrying a concealed weapon carries a penalty of a forfeiture of not more than $25 unless the person presents, within 48 hours, his or her license to the law enforcement agency. Restrictions on Release of License Information. DOJ maintains a computerized listing of the names and application information of licensees but may not make any of the information available to the public except in the course of a relevant prosecution. A law enforcement officer may not request or be provided information concerning a specific

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licensee except for purposes such as confirming that a license is valid, and the law enforcement agency may not make any of the information public except as part of a court proceeding. By March 1 of each year, DOJ must submit a statistical report to the legislature and the governor regarding the number of licenses applied for, issued, denied, suspended, and revoked during the previous calendar year, along with reasons for the denials, suspensions, or revocations, and the part of the application process in which the reasons for denial were discovered. Sensitive personally identifying information may not be included in the report. Out-of-State Licenses. A nonresident of Wisconsin who has a concealed carry license from an other qualified state and who is at least 21 years old may carry a concealed weapon provided the concealed carry permit, license, approval, or authorization issued by the other state has submitted to a background check that is similar to the one that is conducted on Wisconsin residents. DOJ lists the states whose licenses and permits qualify for this reciprocal privilege. As of November 2011, the following 26 states, as well as Puerto Rico and the U.S. Virgin Islands, were listed: Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Washington, and Wyoming. Out-of-state licensees must, when carrying a concealed weapon, have in their possession their license and a photo ID, and must display them to a law enforcement officer upon request. A Wisconsin resident must have a Wisconsin license to carry a concealed weapon in Wisconsin, even if that resident holds a valid license from another state. Former Law Enforcement Officers. Act 35 codified the federal law that requires states to permit qualified persons who work or who formerly worked as a federal, state, tribal, or local law enforcement officer to carry a con-

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cealed firearm. However, under federal law, the officers or former officers who are not carrying their certificates are subject only to a $25 forfeiture, rather than the penalty in state law for illegally carrying concealed weapons. In general, a former officer may be issued a certification to carry a concealed weapon if the person served as a law enforcement officer for at least 10 years, separated in good standing, passes a criminal background check, and meets the standards for qualification in firearms training required of active law enforcement officers. Application processing and firearms training costs are at the former officers expense, and certifications and renewals are valid for one year. LIMITATIONS ON CONCEALED CARRY A person licensed to carry a concealed weapon may carry a concealed weapon anywhere in the state except as provided in s. 175.60 (2g). Dangerous weapons, including firearms, are always prohibited in some places. Persons in charge of certain other places may prohibit firearms, or a particular type of firearms. Under the law, carry or carrying a firearm means to go armed with, which the courts have interpreted to mean that the weapon is on the person or within the persons reach, and that the person was aware of the presence of the weapon. Section 941.23 (2) (e) permits any person, licensed or not, to carry a concealed or dangerous weapon in his or her residence or place of business or on land that he or she owns, leases, or legally occupies. Places Where Weapons Are Always Prohibited. A licensee or other person may not knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm even if unloaded and encased, in any of the following places: Law enforcement offices: any portion of a building that is a police station, sheriffs office, state patrol station, or

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the office of a special agent of the DOJ Division of Criminal Investigation. Prisons or jails: any portion of a building that is a prison, jail, house of correction, or secured correctional facility. Mental health treatment facilities: the states secure mental health facility for sexually violent persons, the Wisconsin Resource Center, or any secured unit or secured portion of a mental health institute. Courthouses: any portion of a building that is a county, state, or federal courthouse, or any portion of a building used as a municipal courtroom if court is in session. A judge, district attorney, or assistant district attorney who is a licensee may carry a weapon in a courthouse or courtroom, as may another licensee who has written permission from the judge. Airports: beyond a security checkpoint in an airport. Schools: in or on the grounds of a school. The gun-free school zone extends to within 1,000 feet of the school grounds. However, a licensee may carry a concealed weapon within the gun-free zone unless actually in or on the actual grounds of a school. Parking Exception. The prohibitions regarding places where weapons are always prohibited do not apply to a weapon in a vehicle driven or parked in a parking facility associated with the listed places. Penalties. Possessing a firearm in or on school grounds is a Class I felony, with conviction punishable by a fine not to exceed $10,000, or imprisonment not to exceed 3 years and 6 months, or both. Possessing a weapon without a concealed carry license within a school zone is a Class B forfeiture of up to $1,000. [s. 948.605 (2)] A person who is convicted of carrying a weapon in places where weapons are always prohibited may be fined not more than $5,000 or imprisoned

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for not more than 30 days, or both. [s. 175.60 (17) (b)] Places Where Firearms May Be Prohibited. The owner or authorized person in control of certain types of private or governmental property may prohibit the carrying of any firearm or a particular type of firearm. Violations of the law are violations of the trespass law and persons cited for violations are subject to a civil forfeiture. In general, notice of the restriction must be given by a sign directing a person to not enter or remain in a place if one is carrying a restricted firearm. In general, the notification does not apply in a vehicle driven or parked in a parking facility or part of a building used for parking, or on grounds or land used for parking. The trespassing statutes do not make a distinction between carrying a concealed or unconcealed firearm. In addition, unless specifically prohibited by law or a general no-trespassing restriction on private land, a person may generally possess and transport anywhere an unloaded and encased firearm. The trespass law allows for the restriction on carrying firearms in the following places: Government buildings. A state or local government may prohibit carrying a firearm, or a particular type of firearm, in government buildings, or parts of buildings, it owns, occupies, or controls. A government may not prohibit the licensed carrying of concealed firearms in public spaces such as streets and sidewalks, parks, or the grounds of public buildings, or on public transportation vehicles such as buses. Businesses, nonresidential buildings, or private lands. The owner or person in charge of a business, nonresidential establishment (including a nursing home), or private land may prohibit a person from carrying a firearm or a particular type of firearm in a building or part of a building, on any part of

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the buildings grounds, or on privately owned open land. Residences. The owner or occupier of a private residence may restrict the possession of firearms, including concealed firearms, in the residence or on the yard or lot of the residence. Signs are not required to be posted to restrict weapons in a residence or yard, but the owner or occupier may choose to post such signs. Multiunit dwellings. The owner or person in charge of a multiunit residence, such as an apartment building, may prohibit the carrying of a firearm or a particular type of firearm in the common area of the building or all or part of the grounds. University or college buildings. Carrying a firearm, or a particular type of firearm, may be prohibited in any privately or publicly owned university or college building, but may not be banned on the grounds of the institution. Special Events. Organizers of a special event may prohibit the carrying of a firearm or a particular type of firearm at an event that is open to the public, is for a duration of not more than three weeks, and either requires an admission fee or has designated entrances to and from the event that are locked when the event is closed. Signs. Signs required to give notice of restrictions regarding carrying a firearm or particular type of firearm in a building, part of a building, on a buildings grounds, or on other private land must be at least 5 inches by 7 inches in size and must state the applicable restriction. Signs must be located in a prominent place near all the entrances to a building or part of a building, or near all entrances or probable access points to grounds or land to which the restriction applies, and any indi-

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vidual entering the building, grounds, or land can be reasonably expected to see the sign. Employment Restrictions. An employer may prohibit a licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the persons employment. However, an employer may not prohibit a licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition, or from storing these items in the persons own motor vehicle, regardless of whether the vehicle is used in the course of employment or whether it is driven or parked on property controlled by the employer. The law contains no specific penalty for violating an employers restriction on carrying a concealed weapon while on the job. Taverns. A licensee may carry a handgun into a tavern, bar, or other establishment in which alcohol beverages may be consumed, but only if the licensee is not consuming alcohol while on the premises. Immunity. Any entity which opts in good faith not to prohibit the carrying of concealed weapons in the course of a employees job duties, or in a building or on property controlled by the entity, is immune from any criminal or civil liability for an act or omission resulting from the decision. Instructors conducting qualified firearms safety and training courses are similarly immunized. Enforcement and Penalties. If a person carries a firearm, or a particular type of firearm, in a place where firearms have been prohibited at the discretion of the person in charge of a building or property, he or she may be cited by a law enforcement officer for violating the trespassing law, s. 943.13, which is a Class B forfeiture with a penalty not to exceed $1,000. The appropriate enforcement procedure is for the person in charge to notify local law enforcement authorities. Disorderly Conduct and Preemption of Local Firearms Ordinances. Under s. 66.0409 (2), created by 1995 Wisconsin Act 72, a local

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government may not enact an ordinance regarding firearms that is more stringent than state statutes, including regulating the sale, purchase, waiting period, transfer, ownership, use, keeping, possession, bearing, transporting, licensing, permitting, registration, or taxation of firearms. Act 35 specifically provides in ss. 66.0409 (6) and 947.01 (2) that Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply . . ., a person may not generally be charged with, or cited for, disorderly conduct or other inappropriate behavior pursuant to a state law or local ordinance for loading, carrying, or going armed with a firearm, whether or not the gun is concealed or openly carried, loaded or unloaded. Prior to Act 35, while the law did not specifically prohibit openly carrying dangerous weapons, doing so often made a person vulnerable to being charged with disorderly conduct in some situations and jurisdictions, depending upon the discretion of law enforcement authorities. OTHER FIREARMS LAWS Who May Not Possess Firearms. The following categories of persons are generally not allowed to possess firearms in Wisconsin: Felons. Both Wisconsin and federal law prohibit those convicted of a felony from possessing firearms, but federal law allows individual states to determine what constitutes a restoration of civil rights for the purposes of gun possession. Wisconsin generally requires that a felon receive a gubernatorial pardon before being permitted to possess a firearm, and unlawful possession is a Class G felony. [s. 941.29] When a court imposes a sentence for a felony conviction, it must inform the defendant about firearms restrictions. [ss. 938.341, 973.176 (1)] Children. Except for long guns used for hunting, target practice, or instruc-

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tion under adult supervision, it is a Class A misdemeanor for a person under age 18 to possess or go armed with a dangerous weapon, including a firearm. It is a Class I felony to provide a firearm to a child. It is a Class H felony if the child hurts someone by discharging the gun. [s. 948.60] An adult is liable if a child under age 14 publicly possesses or used a loaded firearm that was improperly secured. Among the exceptions are if the firearm was stored in a reasonably secure container or location or secured with a trigger lock. Recklessly storing or having a loaded firearm within easy reach or access to a child less than 14 years old is a Class C misdemeanor. The adult may be charged with a Class A misdemeanor if the child under age 14 discharges the firearm, causing bodily harm or death. [s. 948.55] A retailer, when transferring a firearm must provide a written warning to the purchaser about liability if a child causes harm by using an unsecured firearm. [s. 175.37] Mentally ill. Persons charged with a felony but found not guilty or not responsible for the crime due to mental illness may not possess firearms, and the court must inform them of the prohibition. Also banned is a person who has been involuntarily committed for treatment of mental illness, drug dependency, or developmental disability if the court deems the person to be a threat to self or others and makes a protective services placement. Unlawful possession is a Class G felony. [s. 941.29] For those involuntarily committed, the court must order a persons firearms seized or stored until the person is judged to no longer suffer from the mental illness and is no longer likely to be a danger to the public. [s. 941.29 (1) (d)]

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Persons under injunctions. Wisconsin law bars possession of a firearm in cases in which a person is under a courtordered injunction for domestic abuse or child abuse and, in certain situations, harassment. The person is required to surrender any guns to the county sheriff or a court-approved third party. [ss. 813.12 (4m), 813.122 (5m), 813.125 (4m)] Unlawful possession is a Class G felony. [s. 941.29] Background Checks for All Firearms Sales. The federal Brady Handgun Violence Prevention Act of 1993 (P.L. 103-59) has, since 1998, required all federally licensed firearms dealers to perform background checks on purchases of all firearms, both handguns and long guns. Prior to a sale, the purchaser of a long gun (rifle or shotgun) must be approved by the National Instant Criminal Background Check System (NICS), which is operated by the Federal Bureau of Investigation. Checks relating to handguns are conducted by the Wisconsin DOJ. Most sales are authorized within minutes. Dealers who fail to comply may be fined and risk loss of licensure. Person-to-person sales, such as at gun shows or via the Internet, do not require a federal license and are exempt from the background check requirement. 48-Hour Waiting Period for Handgun Sales. In addition to the federally mandated instant criminal history background checks for all firearms sales, Wisconsin enforces a 48hour waiting period for handgun purchases. During the waiting period, DOJ conducts a firearms restrictions record search on the prospective buyer by the Handgun Hotline operated by DOJ. This process includes a criminal history record search, as well as checking if a person is ineligible due to a mental illness determination or a court-ordered injunction. If the search indicates a felony charge without a recorded disposition, the waiting period may be extended up to three additional working days. The dealer may not transfer the handgun to the buyer until 48 hours have

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passed since an approval confirmation has been received from DOJ. Purchasers must provide identification and truthful information on their application. Violation of the law by any party carries a penalty of a fine of not less than $500 nor more than $10,000 and a violator may be imprisoned for not more than nine months. [s. 175.35] Concealed Weapons. Without a license, it remains a Class A misdemeanor to carry a concealed and dangerous weapon such as a firearm. Exceptions include peace officers and those on official military duty, and any person who is in his or her private residence or place of business or on land that he or she owns, leases, or legally occupies. [s. 941.23] Transportation of Firearms. Prior to Act 35, it was generally illegal to possess or transport a firearm in a motor vehicle, motorboat, all-terrain vehicle, snowmobile, or aircraft unless the gun was unloaded and in a carrying case. Act 35 provided an exception for handguns, and 2011 Wisconsin Act 51 allowed the transport in a vehicle, except a commercial aircraft, of any unloaded and uncased firearm. Act 51 also allowed a person to place or possess a loaded, uncased firearm on a stationary vehicle, even if the engine is running. [ss. 167.31, 23.33 (3)] Locations Firearms Are Prohibited. Firearms generally may not be possessed in the following places: Public (government) buildings. Possessing or going armed with a firearm in any building owned or leased by the state or a local government is a Class A misdemeanor, unless the firearm is carried by a person with a concealed carry license. [s. 941.235] In order to prevent the licensed carrying firearms in a government building, the building must be posted. [s. 943.13] Taverns. It is a Class A misdemeanor to go armed with a handgun on any premises, such as a tavern or bar, where alcohol beverages may be sold and con-

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sumed. However, the prohibition does not apply to a person with a concealed carry license if the licensee is not consuming alcohol on the premises. [s. 941.237] School zones. Possessing a firearm on the grounds of a school is a Class I felony. Possessing a firearm within 1,000 feet of the grounds of a school is a Class B forfeiture, but this second restriction does not apply to a person who has a license to carry a concealed weapon, or if the weapon is unloaded and encased. [s. 948.605] State parks, fish hatcheries, and wildlife refuges. Possessing a firearm in a state park, or on the land of a state fish hatchery or wildlife refuge is generally prohibited unless a person has a hunting license or the weapon is unloaded and encased. However, a person may go armed with a firearm on these lands if he or she has a concealed carry license. [ss. 29.089, 29.091] Prohibited Firearms. The possession, sale, use, or transport of a machine gun or other fully automatic firearm, or short-barreled (sawed off) shotgun or rifle is generally prohibited. A person also may not take a firearm that is not designed to shoot more than one shot by a single pull of the trigger and modify it to operate as an automatic weapon. [ss. 941.26, 941.27, 941.28] Firearm silencers are illegal. [s. 941.298] Facsimile and imitation firearms are prohibited. [s. 941.2965, 941.297]. Self-defense. Local ordinances against discharging a firearm may not be enforced in cases in which a firearm is used consistent with justifiable self-defense or defense of others. [ss. 66.0409 (3) (b), 939.45, 939.48] Improper Use of Firearms. Among the illegal uses of firearms: Homicide by negligent operation or handling of a dangerous weapon, including a firearm, is a Class G felony, as

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is causing the death of an unborn child. [s. 940.08 (1) and (2)] Homicide (causing the death of another person or an unborn child) by the operation or handling of a firearm while intoxicated or under the influence of a restricted controlled substance is a Class D felony. [s. 940.09] Injury, including to an unborn child, by negligent handling of a dangerous weapon, is a Class I felony. [s. 940.24 (1) and (2)] Endangering safety by negligent operation or handling of a dangerous weapon is a Class A misdemeanor. [s. 940.20 (1) (a)] Operating or going armed with a firearm while under the influence of an intoxicant or controlled substance is a Class A misdemeanor. [s. 941.20 (1) (b) and (bm)] Intentionally pointing a firearm at or towards another person is a Class A misdemeanor. [s. 941.20 (1) (c)] Intentionally pointing a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical technician, a first responder, an ambulance driver, or a warden acting in an official capacity is a Class H felony. [s. 941.20 (1m) (b)] Shooting into a building or vehicle if a human may be present or setting a spring gun is a Class G felony. [s. 941.20 (2)] Discharging a firearm near a residence (within 100 yards) without permission of the dwellings occupant, if the shooter is on land owned by another person, is a Class A misdemeanor. [s. 941.20 (1) (d)] Drive-by shooting It is a Class F felony to discharge a firearm from a vehicle while on a highway, street, or public parking lot either at or toward another

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person, building, or vehicle. [s. 941.20 (3)] Shooting a firearm from, or loading a firearm in, a vehicle is generally prohibited with violation a forfeiture of not more than $100. [s. 167.31 (2) (c)] Shooting a firearm from, or loading a firearm in, an aircraft is prohibited. Violators may be fined not more than $1,000 or imprisoned not more than 90 days or both. [s. 167.31 (3)] A firearm may generally not be fired from or across a highway or within 50 feet of the center of a roadway. Violators may be subject to a forfeiture of not more than $100. [s. 167.31 (2) (d)] A firearm may not be discharged within 40 rods (660 feet) of a public park or square. Violation carries a punishment of imprisonment in the county jail not exceeding 60 days or by a fine of not more than $25 nor less than one dollar. [s. 167.30] A firearm may not be discharged in the direction of an electrical or communications transmission facility, such as a tower or pole or wire. A violator is subject to a forfeiture of not more than $100. In addition, the court must revoke for one year any hunting license held by the violator, and order the person to pay restitution for the reasonable cost of repair of the equipment or structure. [s. 167.31] Intentionally shooting a firearm at any portion of a railroad train car, caboose, or engine is a Class I felony. [s. 943.07 (2)] Penalty Enhancers. In several situations, the potential penalty may be increased if a

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crime is committed while using a firearm, including armed robbery, burglary, and vehicle carjacking. [ss. 939.63, 943.32 (2), 943.10 (2), 943.23 (1g)] Providing Firearm to Prisoner. It is a Class F felony to provide a firearm, whether loaded or unloaded, or a facsimile firearm, to an inmate of a correctional facility such as a prison or jail, or to introduce a firearm or facsimile into an institution where prisoners are detained. [s. 946.44 (1m)] Providing Firearm to Ineligible Person. A person who furnishes a firearm to a person who may not legally possess a firearm is guilty of a Class G felony. [s. 941.29 (4)] Hunting Regulations. Anyone born after January 1, 1973, who wishes to obtain a hunting license must successfully complete a hunter education program which includes instruction in safety principles for handling hunting firearms. [ss. 29.591, 29.593] There are restrictions on the use of firearms while hunting for children under the age of 16. [s. 29.304] Hunting is not allowed within 1,700 feet of a hospital or school. [s. 29.301] A person who has caused or been involved in an accidental discharge of a firearm in which any person is injured must generally report it to the Department of Natural Resources within 10 days. [s. 29.345] FOR MORE INFORMATION To apply for a concealed carry license, or for further information about the law, contact the Wisconsin Department of Justice: http:// www.doj.state.wi.us/, (608) 266-1221. The Wisconsin Statutes and Administrative Code may be accessed at: https://docs.legis.wisconsin.gov/.