FAQ’s

2nd-Amendment Personal Protection ActNovember 1, 2011 – UPDATE

Wisconsin is officially a concealed carry state!  As of today, November 1st, 2o11, you are able to apply for your concealed carry license through the Department of Justice website.

The department of Justice issued a FAQ document to clarify parts of the law.


Important Documents Regarding ACT 35

Act 35 – Final Document

Open Carry Information

For those law abiding citizens who chooses to openly carry a firearm, either because they do not want to get a license to concealed their weapon or out of a preference, it is very important that you understand the law and how it effects you while you’re carrying.

Interacting with law enforcement and nervous citizens may continue to be a challenge, but as the media hype and anti gun predictions are shown to be false, we should hear less and less of the negatives and people will get used to seeing guns in public…unless you’re in Milwaulkee

Department of Justice – Law Enforcement

DNR Department of Natural Resources

Summary of Frequently Asked Questions

  • What is required to get a license?
    - Apply through the Wisconsin Department of Justice.
    - At least 21 years old.
    - Pass Background Check (NICS).
    - Certified Training (DNR Hunter Safety, NRA, etc.).
    - Pay the application fee.
  • Can I still open carry now without a Concealed Carry License?
    - Yes, open carry is still legal and doesn’t require a license
    - You can have a loaded and uncased firearm in your vehicle, but it can NOT be concealed!
    - Beware of the ‘Gun Free School Zone’ (GFSZ) rules – driving just 1,000 feet from a schools is a serious violation!
  • Car Carry with a License?
    - With a license can have a loaded and concealed weapon in your car.
    - With a license to carry, you are legally able to drive in a GFSZ, but NOT on school property. 
    - Make sure you know what is considered school property!  A football field away from a school, but used or owned by the district maybe ‘school property’ and you could be in violation of state and federal law!


  • What weapons can I carry with a Concealed Carry License?
    - A weapon is a handgun, an electric weapon, a knife other than a switchblade knife, or a billy club.
    - The list doesn’t include rifles or shot guns.
  • Where are Guns not allowed pre-license?
    (See Wisconsin Carry, Inc. Brochure above for specific WI statutes)

    l.  Post Offices, Government Buildings (City Halls), etc.
    2.  Schools or within 1000′ of a schools/school property
    3.  Inside your vehicle (see specific rules on car carry).
    4.   Restaurants that server alcohol
    5.  State Parks & Fish Hachery
    6.  Any privately owned business or residence that has posted or verbally told you ‘no guns allowed.’
  • Where are Guns not allowed post-license?  Note: this list is not complete!
    (See Act 35 above for complete list)

    l.   Post Offices,  Police Stations, prisons, jails, etc.
    2.  – a.  Without a license – Schools or within 1000′ of a school/school property.
    2.  – b.  With a license Schools or school property.  (1,000′ ban is lifted with a license)
    3.  Any privately owned business or residence that has posted or verbally told you ‘no guns allowed.’
    4.  Beyond the security check point at an airport.
    5.  Public & Government Buildings – if posted or verbally told you ‘no guns allowed.’
  • If I’m a Wisconsin resident and have a permit from another state, can I carry in Wisconsin without getting a license?
    - NO, you must get a Wisconsin Resident’s license.
  • How long are the licenses good for?
    5 years

 

{ 28 comments… read them below or add one }

Ron L Gauthier April 21, 2012 at 3:26 pm

Question on concealed carry: My qestion is I have a Concealed Carry permit in
Wisconsin, and wi. is also a open carry state. Can I carry my gun in a concealed carry mode under my leather jacket in a Restraunt.. Is it Legal to remove my coat while I am eating as long as my holsterd gun is in the open carry position.??????? When Im finished eating put my jacket back on into the concealed carry mode ??? Please give me an Answer. Thank You..

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Andy April 23, 2012 at 11:20 am

If you have a WI issued Concealed Carry License, as a Resident of Wisconsin, you can carry your weapon into any business (except those listed in Act 35 as off limits – court houses, police stations, post offices [Federal], and schools) that hasn’t posted a “No Weapons Sign” on the door. You can carry openly or concealed at your discretion, but be aware that guns scare sheeple and you maybe showing your CCL license to a police officer if someone phones in a ‘man with a gun’ call to local police. Open carriers welcome such opportunities to educate the public that guns are legal. I choose to remain anonymous and carry for protection, not a political statement. I carry often, carry deep, and carry in a holster. The best concealed weapon is one that nobody but you knows about.

Note: I am not a lawyer and I’m only giving my opinions here. Be sure to read the Law for yourself and be familiar with the rules and regulations before carrying.

Good Luck Ron! Thanks for the comment. Carry on!

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Joel Mc September 22, 2012 at 4:03 pm

I have a Wisconsin Conceal Carry Permit. I know it is legal to have a loaded concealed gun in my car while it is running. I am not sure if it is legal for me to drive with a loaded concealed gun?

Thanks for any help.

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Andy September 25, 2012 at 11:45 am

Hi Joel. If you have a valid concealed carry license, you can legally carry and concealed weapon on your person and in your car. If you do not have a license, you can still have a weapon in your car, but it cannot be concealed and you cannot be within 1,000ft of a school zone. With a license, you cannot be on school property, but can drive through a school zone legally. I’d recommend reading through Act 35 to get a feel for what you can and cannot do. I’m not an attorney, so spend some time reading.

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Lee October 16, 2012 at 12:45 pm

Do you have a clear idea of the legal definition of a “billy club” in terms of the Act 35? Expandable baton? Spring billy/Blackjack? Sap? Hand stick?

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Andy October 16, 2012 at 12:57 pm

There are different opinions on this and nobody wants to be specific, including the DOJ. I’m not a lawyer, so I’m not giving advice or instruction, but I carry a collapsible baton from time to time in addition to my other defensive weapons. They can be lethal and you should get some training before carrying them, because they can be used against you if it gets away from your possession.

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Robert Petrowski December 23, 2012 at 10:41 am

where do the proceds go form consealed carry permits in Wi

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Andy December 24, 2012 at 12:13 pm

Wisconsin’s License fees go towards the background check fee and the processing fee through the Wisconsin Department of Justice. Thank you for your question. Carry on!

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dennis gielow February 20, 2013 at 2:33 pm

i live in wis.i have wcc permit. what states horor my permit?
dennis g

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Andy February 20, 2013 at 2:42 pm

Dennis – check out the interactive map here: http://concealedwisconsin.com/reciprocity/

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stew March 3, 2013 at 7:00 am

with wisc.carry permit is it good to travel in to michigan

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Andy March 4, 2013 at 12:05 pm

You’re good to carry in Michigan, but unless you’re going to the U.P., you’ll have to travel through IL. You can’t carry in IL, so you’ll have to follow IL state law for proper transportation of a firearm. See the map: http://concealedwisconsin.com/reciprocity/

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John March 19, 2013 at 12:42 pm

Does anyone have insight as to why WI honors Minnesota Resident CCW Permit’s, but Minnesota doesn’t honor WI Resident CCW Permit’s?

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Andy March 19, 2013 at 3:04 pm

Mostly training. MN has a higher standard for training than Wisconsin, so they don’t reciprocate. If they did, I wouldn’t have to get a MN license again.

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Kenneth Sorenson April 16, 2013 at 2:17 pm

This is really a question not a comment. My youngest stepdaughter was walking to school and was confronted by a stranger in a vehicle who was trying to “lure” her closer. She then ran all the way back home and was scared to death. Im going to start giving her rides to school and walking when it gets warmer. My question is,if i take her to school and she recognizes the vehicle again do i have the right to hold him at gunpoint until police arrive? School is only a block away,and i dont want to violate state law. I dont have a conceal and carry permit,but am allowed to own a firearm. Police response time here is a joke so im afraid the stranger might get another child instead. Im not trying to be a hero,but want my stepdaughter not to be afraid to walk to school as well as walk home.Im just a protective parent who wants predators to know we dont tolerate this kind of thing in our neighborhood. Im not looking to kill anybody either,but this isn’t the first time this has happened.Our city only has 9,000 people so most times a sheriff is the only one who responds. Any advise would be greatly appreciated..thanks!

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Andy April 16, 2013 at 3:23 pm

No, you don’t have the right to hold someone at gun point until the police arrive – particularly if your step-daughter just ‘recognizes’ the car. What if you got the wrong car? What do you think the police will do if they roll up and see a guy with a gun pointing at someone? That is a good way to get shot. First, you need to file a police report with the local law enforcement department. That way there is a record of the incident. If you see the person or car, call the police and try to get a license plate number or description. Don’t approach the person and certainly don’t confront them. If you can do it without being noticed and safely, you could follow his car from a safe distance from your car & while talking to the police. If the police say to stop, STOP. Never get out of your car or get blocked into a situation that is dangerous. If you don’t have a ccw license, you can open carry, but you must stay 1,000′ from a school zone and your weapon can not be concealed in your vehicle. Your weapon should never be used to intimidate someone and if it comes out of your holster, you should be ready to use it to stop the threat.

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Matt April 19, 2013 at 4:38 pm

I have a question my wife has a felony from when she 16 she is now 34 with no other crimes or convictions. I have my wi ccw can I carry when she is with me or just have a gun under my seat when she is with me?

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Andy April 19, 2013 at 10:39 pm

You should get a lawyer to answer that question. Crimes before age 18 used to be cleansed from adult records, at least that is what people always thought. If she still has a ‘felony’ record, obviously that isn’t true for her. Under the conditions of her conviction, she should know or be able to find out if she is restricted from firearms possession. If she can’t be in possession of a firearm at all, that could include firearms in the home or car that she could access in your absence under the letter of the law. My guess is that the firearm needs to be in your possession at all times, otherwise if she was home alone and the police were called, they could consider the firearms in her possession and she’d be subject to not only a CCL violation, but also a felony in possession of a firearm charge and you could be charged with providing the firearm. Like I said, you need a lawyer to answer the question. This isn’t advice or counsel, but opinion.

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Shane Y May 16, 2013 at 7:42 pm

Hi have a question i have a WCC , can i carry without it being holsterd i.e tucked in waistband

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Andy May 17, 2013 at 9:35 am

Why would you want to carry like that? There are lots of great holsters to choose from that can tuck into a waistband or pocket while still covering the trigger. If you recall the police office whose gun discharged in the mall (http://greendale.patch.com/topics/Accidental+Gun+Discharge) because he was carrying in his waistband without a holster. That was preventable. I’d never recommend carrying without a holster.

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loddie July 22, 2013 at 11:53 pm

my son is 19 1/2 years old, and M.P. in the reserves and is legal to open carry long guns. does he have the right to openly carry in a holster, MY pistol ? he has permission from his employer (G4s security firm) to carry on the job but it has to come from home, they wont supply the weapon.

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Andy July 23, 2013 at 11:35 am

I would recommend reviewing the Wisconsin ACT 35 Law carefully. I am not a lawyer, so it is important to understand the law in its entirety before carrying a weapon and not base your decisions on my opinions. The age for Concealed Carry in Wisconsin is 21 years old. The age for open carry is 18 years old. It is important to note that there are limitations with Open Carrying vs. Concealed Carry, specifically, but not limited to to School Zones and transportation. If you do not have a CCW License, you can not be within 1000′ of a school, even in a car. This becomes tricky, because there are schools all over the place and your likely going to drive through on to get to the grocery store. If you Open Carry and are driving, your weapon needs to be visible openly from someone standing outside the door. Some say it needs to be on the dashboard – I disagree and think that would be unsafe, but others think anything less could get you arrested. There are several opinions on open carrying in a car which have caused confusion. Have him follow my Facebook Page or Wisconsin Carry’s Page – where he can ask specific questions.

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Jenny October 28, 2013 at 2:53 pm

I have a 16 year old son who has his Hunter Permits and has ben hunting for a few years now. He came over to my house a had a shotgun in his front seat not cased. His father told me he didn’t have to case a gun. Please let me know if this is OK. Doesn’t seem like the smartest way to teach teenagers about gun safety.
Thank you,
Jenny

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Andy October 30, 2013 at 4:59 pm

Jenny – I’m no lawyer and I’m not giving legal advice, but from my understanding of the law…
No, your son would have been arrested or worse – shot by a nervous police officer.
There are too many things wrong to cover here, but for starters – gun safety! You don’t drive around with a gun UN-secured in a vehicle. If you get in an accident or turn sharply and the gun isn’t secured, it could go off!
Yes, Wisconsin is an Open Carry state, but not for everyone. Open Carry is legal in Wisconsin for 18 year old, but not 16, so your son was violating the law and would likely have been charged with a felony. Your son should probably know better, having gone through hunter safety, but his father should definitely know better.
Was your son hunting? Hunters over 12 and under 18 are allowed to have guns while hunting, but that doesn’t erase the other laws on the books pertaining to guns. Regardless, if he is under 18, (I’d have to double check this) he would be violating the law possessing a firearm – cased or uncased without a parent present.

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Jerry November 22, 2013 at 9:53 am

Just a comment……….. I have a cc permit and I carry a loaded pistol in my car all the time. I was ask to drive a coaches wife to a basketball game tonight, and it’s very unusual for me to drive on any school property. Just by happenstance I was reading this Q & A site, and it reminded me that I could be charged with a felony if I carried on school property. Wow! I almost committed a felony without even thinking about it. It just seems that something isn’t quite right with this law. I am concerned because too many people associated with enforcement seem to want to “punish” gun owners to the fullest extent that they can, and I’m sure such an innocent oversight would be blown way out of proportion. Feeling venerable…..

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Andy November 22, 2013 at 12:21 pm

Thanks Jerry. Yes, it is a big issue all gun owners should be aware of in Wisconsin. A bill that was to be considered in the legislature would have given special rights to former & current law enforcement officers, so they could ignore the law, while the civilians (you and me) would be subjected to it. Through considerable efforts by gun groups, amendments were added to include licensed citizens in the bill. Unfortunately it was not passed or even considered on the floor. Thus it is still a felony to carry on school property. Some think they will get away with it because it is concealed, but a minor fender bender in the parking lot could turn in to a felony fast when the police show up to write a report. Thanks for your comment!

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Scott December 30, 2013 at 10:18 pm

Question:

I have a CCW. Can CC into a diner, and have a beer with my meal?

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Andy December 30, 2013 at 10:43 pm

No. You can not drink while carrying in Wisconsin.

Carry on! ~ Andy

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