How Do Wisconsin’s Open Carry Laws Affect Weapons Charges?

 Posted on January 12, 2026 in Gun & Weapons Crimes

Wisconsin allows people to openly carry firearms. Certain types of weapons may be carried in plain view of others without the need to obtain a concealed carry weapon (CCW) license. However, some restrictions do apply to those who openly carry firearms. Violating Wisconsin gun laws in 2026, even accidentally, could result in weapons charges.

Even minor mistakes in how you carry or where you carry a firearm can lead to serious criminal consequences that affect your future forever. Our Wisconsin gun crimes defense lawyers can build a strong case if you are facing weapons charges. 

Who Can Legally Open Carry in Wisconsin?

In Wisconsin, individuals over the age of 18 are allowed to carry unconcealed firearms in public. Licenses or permits are generally not required for a person to own or openly carry a firearm.

However, restrictions apply under Wisconsin Statutes Section 941.29:

• Convicted felons cannot possess firearms. 

• People who have been adjudicated delinquent for acts that would be felonies if committed by adults are also prohibited if they have not had their firearm rights restored. 

• Those found not guilty by reason of mental disease or defect for certain crimes cannot possess firearms. 

• People under domestic abuse restraining orders or injunctions are prohibited from possessing firearms while those orders are in place.

If you have any questions about whether you are legally eligible to possess or carry firearms in Wisconsin, you should talk to a criminal defense attorney before you carry any weapon in public. Possessing a firearm when you are not allowed to can result in serious felony charges.

What Types of Firearms Can You Open Carry?

Wisconsin's open carry laws apply to weapons that can be legally owned by the state's residents. These include handguns and rifles that meet legal requirements.

However, illegal weapons cannot be carried openly. Illegal weapons under Wisconsin law include:

• Machine guns or other fully automatic firearms unless you have proper federal licenses

• Short-barreled shotguns with barrels of less than 18 inches or a total length of less than 26 inches

• Short-barreled rifles with barrels of less than 16 inches or a total length of less than 26 inches 

Under Wisconsin Statutes Section 941.23, possessing these illegal weapons can result in Class H felony charges. This allows up to six years in prison and fines up to $10,000. 

If a firearm is concealed, including when it is carried on a person's body or in their vehicle, a person must have a valid CCW permit. Generally, if the weapon is not visible to an ordinary observer, it is considered concealed. This means carrying a gun in your waistband under your shirt, in a purse or bag, or in a glove compartment all require a concealed carry permit.

Where Is Open Carry Prohibited in Wisconsin?

Even if you are legally eligible to possess firearms and you are carrying a legal weapon openly, certain places are off-limits. Carrying a weapon in these prohibited locations can result in criminal charges.

Public Buildings

Many public buildings owned or used by the state of Wisconsin prohibit open carry. This includes police stations, sheriff's offices, jails, correctional facilities, and courthouses.

Airports and Mental Health Facilities

Open carry is prohibited in secured areas of mental health facilities and parts of airports past security checkpoints.

Schools

Weapons cannot be carried in school buildings or within 1,000 feet of school grounds. This applies to public or private elementary schools, middle schools, and high schools. The 1,000-foot rule means you could violate the law even when not on school property.

Places With Alcohol

It is illegal to carry a firearm in any location where alcohol is sold or consumed. This includes bars, taverns, restaurants that serve alcohol, sports arenas, concert halls, and outdoor festivals. This prohibition applies even if you are not drinking alcohol yourself unless you have a concealed carry permit. Many people do not realize this restriction applies to restaurants.

Private Property

Private property owners can also prohibit open carry on their premises by posting signs.

What Are the Penalties for Violating Wisconsin's Open Carry Laws?

Violating Wisconsin's open carry laws results in criminal charges that vary in severity depending on the violation.

Carrying a weapon in a school or within 1,000 feet of school grounds may result in Class A misdemeanor charges, with sentences of up to nine months in jail and fines of up to $10,000. Class A misdemeanor charges may also apply if a person carries a weapon where alcohol is sold or consumed, resulting in the same penalties.

Carrying illegal weapons such as machine guns or short-barreled rifles or shotguns may result in Class H felony charges. A conviction may result in up to six years in prison and fines of up to $10,000. A felony conviction also results in the loss of your right to possess firearms.

Can a Lawyer Get an Open Carry Violation Reduced? 

A lawyer can often get an open carry violation reduced to a lesser charge or even dismissed. The outcome depends on the specific circumstances of your case, the evidence against you, and whether the police committed any errors during your arrest.

Your attorney can try to negotiate with prosecutors to reduce charges based on mitigating factors. These might include your clean criminal record, lack of criminal intent, cooperation with law enforcement, or technical defenses related to how the violation occurred. Prosecutors may agree to reduce charges to avoid trial. Having an experienced lawyer significantly improves your chances of a favorable outcome. 

Contact Our Waukesha, WI Criminal Defense Lawyer Today

While open carry of firearms is allowed in Wisconsin with some restrictions, you may accidentally violate the laws and face weapons charges. Even unintentional violations can result in serious criminal penalties.

At Bucher, Wolff & Sonderhouse, LLP, we represent those who have been accused of illegally possessing or carrying firearms. We understand Wisconsin's complex weapons laws and will work to resolve these situations, getting charges reduced or dropped whenever possible. 

Our Milwaukee criminal defense attorneys have experience defending clients against gun crimes. To get help with your case, contact Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 for a free consultation.