Open Carry in Wisconsin

A common question we receive is whether it is legal to openly carry a firearm or other weapon in
Wisconsin. The answer, in general, is yes. There is no “law” permitting open carry in Wisconsin. Rather,
it is presumed legal but subject to numerous restrictions. The opposite of open carry is carrying
concealed. Wisconsin statutes regulate the concealed carry of weapons, but the statute does not limit
an individual’s right to carry a firearm that is not concealed.

Specific Locations where you Cannot Open Carry

One of the main restrictions on open carry is that individuals are prohibited from carrying a firearm or
weapon in certain locations. These locations include:

- Any police station;

- Any jail;
- Any mental health institution;
- Any county, state, or federal courthouse;
- Any municipal court if court is in session;
- Any place beyond a security checkpoint in an airport.

It is important to note that even if you have a concealed carry permit, you are prohibited from carrying
your weapon in these locations. Further, no one may carry a firearm or other dangerous weapon on a
school premises unless a statutory exception applies. Finally, individuals may not openly carry a firearm
in a tavern.

Specific Weapons Prohibited from Open Carry

There are also specific weapons that cannot be openly carried. Illegal weapons, such as switchblades
and short barreled rifles or shotguns, cannot be carried. Further, if the person does not have a CCW
permit, the individual cannot openly carry an electric weapon.

Disorderly Conduct and Open Carry

Prior to 2011, open carry was not specifically defined in the Wisconsin statutes. This led to some
jurisdictions prosecuting those openly carrying firearms under the provisions of disorderly conduct. The
theory was that the sight of someone carrying a firearm provoked a disturbance. In 2011, the disorderly
conduct statute was updated to permit open carry “unless other facts and circumstances that indicate a
criminal or malicious intent on the part of the person apply.”

Other Important Restrictions

There are other restrictions on a person’s right to openly carry a firearm. It is illegal for anyone to be
armed with a firearm, loaded or unloaded, with or without a CCW permit, if that person is under the
influence of an intoxicant or if there is a detectable amount of a restricted controlled substance in their
blood. Employers may restrict employees from carrying why on the job and business owners may
restrict customers from carrying while present in the business.

Finally, if you are transporting your firearm, you are subject to the statute regulating transportation of
firearms. Individuals are permitted to transport handguns without being unloaded or encased.
However, unless the person has a CCW permit, the handgun cannot be hidden or concealed and within
reach.

Questions on Open Carry?

If you have questions related to your rights to openly carry a firearm in Wisconsin, contact Meyer Van
Severen today. Many cases involving open carry and CCW violations are based on specific facts, such as
the location of the weapon and the individual’s behavior while possessing the weapon. Don’t let law
enforcement restrict your right to lawfully open carry your firearm. We have can help your fight your
case and preserve your rights in court. Give us a call!