Many Wisconsin gun owners don't realize they can face serious criminal charges even when they legally own their firearm. In fact, there are strict rules about how and where guns, as well as Tasers and other weapons, can be transported. Too often, this has landed otherwise law-abiding citizens in jail facing potentially thousands of dollars in fines.
Wisconsin is an open carry state, but concealed carry operates under entirely different, and stricter, rules. In this post, we'll explore the essentials of concealed carry laws, penalties for violations, and next steps in Wisconsin.
What Wisconsin Law Considers "Carrying a Concealed Weapon"
Wisconsin law defines a concealed weapon as one that is within reach of the owner but is not visible to people nearby. This definition catches many gun owners off guard.
It's "Concealed" If:
- Your weapon is in a glove compartment or center console
- A concealed holster under your clothing
- Any location that is out of sight from people nearby
- Your gun is in a purse, backpack, or briefcase
What Counts as a "Weapon" Under Wisconsin Law:
- Firearms and handguns
- Electrical shock devices (Tasers)
- Billy clubs
- Even knives (in certain circumstances)
Critical warning for Taser owners: Electrical weapons can lead to a Class H felony charge if carried without a concealed carry license—far more serious than firearm violations.
Class A Misdemeanor Consequences
For a citizen with no prior record, carrying a concealed weapon without a permit anywhere within the state puts you at risk of:
- Up to $10,000 in fines
- Up to 9 months of jail time in county or local prisons
- Both penalties at the judge's discretion
Wisconsin assigns lettered classes to both misdemeanors and felonies, with Class A being the most serious misdemeanor classification. This conviction will follow you forever, affecting:
- Employment background checks
- Professional licensing
- Future firearm ownership rights
Enhanced Penalties You Need to Know About
- Carrying under the influence: Even a sip of alcohol while armed creates a separate Class A misdemeanor charge with 9 months jail time and/or $10,000 fine.
- Out-of-state visitors: That legal Taser from your home state could land you with felony charges in Wisconsin.
Wisconsin's Reciprocity Laws
Wisconsin follows reciprocity, meaning out-of-state licenses are considered legally equivalent to in-state licenses and grant all of the same privileges. However, not everyone qualifies for concealed carry privileges.
Automatic Disqualifications:
- Any felony conviction (Wisconsin or any other state)
- Domestic abuse injunctions from state or tribal courts
- Restricted controlled substances in your blood without valid prescription
You can apply for a concealed carry license online through the Wisconsin Department of Justice.
Defense Strategies That Actually Work
If you've been charged with carrying a concealed weapon, possible defense strategies include challenging whether the weapon was visible to people nearby, whether the weapon was loaded, or whether it was properly encased.
Challenging the "Concealed" Element
Visibility can be subjective. Bringing in witnesses who say they were able to see the weapon as you carried it could contradict the prosecution's argument that it was concealed.
The "Loaded vs. Unloaded" Defense
Here's a critical distinction most people don't know: A loaded handgun in a backpack would be considered concealed carry, but an unloaded handgun in a locked container would not be considered "going armed."
Important: The law requires that there are no bullets in both the chamber and the magazine to be considered unloaded.
Situations That Can Trip Up Legal Weapon Owners
The Out-of-State Trap
One of the biggest contrasts between Wisconsin's weapons laws and other states' involves electrical weapons. Out-of-state visitors who legally carry Tasers at home may suddenly face concealed weapon charges in Wisconsin. However, because of their less lethal nature, a careful legal argument may result in reduced penalties compared to firearm violations.
School Grounds = Zero Tolerance
No one, including concealed-carry licensees, can carry firearms on school grounds - including athletic fields, buildings, recreation areas, and any school-operated property.
Bars and Alcohol = Automatic Violation
It's illegal for concealed-carry license holders to be armed in taverns if they have consumed alcohol— even with a valid permit.
Private Property Rights
Business owners can prohibit license holders from carrying weapons on their property, regardless of permit status.
Existing Weapons Restrictions
Wisconsin's concealed carry laws don't change many existing firearm and weapons restrictions. Even with a valid permit, you can still face criminal charges for:
- Malicious intent while loading, carrying, or firing a firearm
- Negligent operation of a dangerous weapon (Class A misdemeanor)
- Carrying switchblades ($10,000 fine and/or 9 months jail)
What to Do If You're Charged
Immediately After Arrest:
- Be polite and cooperative - arguing never makes it better
- Remain silent - rarely can you convince an officer to stop an arrest
- Call a lawyer immediately
Secure the Help of an Experienced Attorney
More often than you think, innocent people get accused of crimes. People who may have committed one violation often get wrongfully accused of additional, more serious crimes. As the accused, you have a constitutional right to counsel. You're always better off having an experienced attorney learn about the charges and develop a defense strategy with you.
Stangl Law: 30+ Years Fighting Weapons Charges
Wisconsin Criminal Defense Attorney Pat Stangl has been providing skilled defense for clients facing gun charges since 1991.
Our Track Record Speaks for Itself:
- Nationally-recognized criminal defense attorney serving Wisconsin since 1991
- Strong record of success reducing charges or getting them dismissed entirely
- If there's a way to win your case, Stangl Law will find it
Client Success Stories: Real Results
Combat Veteran's Second Chance
"I am a combat veteran of both Afghanistan and Iraq... charged with multiple serious felonies... One of my felony cases was dismissed, and the other very serious felony charges were amended to misdemeanors. The state wanted me to go to jail and make sure I could never legally possess a firearm again. Pat argued persuasively that I should not have to do any jail, and that I should be allowed to have my misdemeanor convictions expunged upon successful completion of my probation... He is a fantastic attorney, and I recommend him highly." — Ryan
Firearm Rights Restored After Domestic Conviction
"I faced legal issues after a domestic dispute, leading to a disorderly conduct conviction I didn't realize barred me from owning firearms—a major issue for my truck driving job involving military equipment... Pat's perseverance led to a negotiation that cleared the domestic conviction from my record, allowing me firearm possession again. His dedication and expertise are why he's among Wisconsin's top appeals lawyers." — David
Get Your Free 10-Minute Consultation
If you've been charged with carrying a concealed weapon, contact us today to discuss your case and explore your defense options. Attorney Stangl understands what's at stake and knows what it takes to obtain favorable outcomes. He will work aggressively to minimize penalties or fight your charges in court.
Don't let a concealed weapon charge destroy your future. Contact Stangl Law today and let our 30+ years of proven experience protect your rights and freedom.
Stangl Law Offices, S.C.