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State Gun Laws
Basic Info and Definitions
What is the difference between federal and state gun laws? Why do I need to understand both?
In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.
One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.
If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.
I am a victim of domestic violence and the abuser has a gun. Is that legal?
It is a Class G felony under Wisconsin law for a person to possess a firearm if any of the following applies:
- s/he has been convicted of a felony in Wisconsin or in another state;
- s/he has been found “not guilty by reason of mental disease/defect” of a felony in Wisconsin or in another state;
- s/he has been adjudicated “delinquent” for an act committed on or after April 21, 1994, that would be considered a felony if committed by an adult;
- s/he has been involuntarily committed for treatment by a court due to mental illness, drug dependency, or other developmental disability and is subject to an order not to possess a firearm;
- s/he is subject to an order not to possess a firearm in a court proceeding based on alcoholism, the appointment of a guardian, or protective placement/protective services;
- s/he has an injunction issued against him/her for domestic violence or child abuse , including a tribal domestic violence injunction except the Menominee Indian tribe of Wisconsin; however, for these injunctions, there is an exception for law enforcement or military officers; or
- s/he is subject to an order not to possess a firearm in a harassment restraining order/injunction or an individual at risk restraining order/injunction.1
In addition, if you have a domestic abuse restraining order against the abuser, or if the abuser has been convicted of a felony or domestic violence misdemeanor, then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.2 To read more information, go to our Federal Gun Laws pages.
1 Wis. Stat. § 941.29(1m)
2 18 USC § 922(g)(8), (g)(9)
What is the definition of a felony?
Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. Wisconsin state law defines a felony as a crime that is punishable by imprisonment in the Wisconsin state prisons.1
1 Wis. Stat. § 939.60
Guns and Domestic Abuse Restraining Orders
I have a restraining order against the abuser. Can s/he keep a gun or buy a new gun?
If a judge grants you a final domestic abuse injunction, the judge must order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms, unless the abuser is a peace officer and is required to possess a gun as a condition of his/her job.1
In addition, it is a Class G felony under Wisconsin law for a person to possess a firearm if any of the following applies:
- s/he has an injunction issued against him/her for domestic violence or child abuse , including a tribal domestic violence injunction except the Menominee Indian tribe of Wisconsin; however, for these injunctions, there is an exception for law enforcement or military officers; or
- s/he is subject to an order not to possess a firearm in a harassment restraining order/injunction or an individual at risk restraining order/injunction.2
In addition, if you have a domestic abuse restraining order against the abuser, then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.3 To read more information, go to our Federal Gun Laws pages.
1 Wis. Stat. § 813.12(4m)(a)(2), (4m)(ag)
2 Wis. Stat. § 941.29(1m)(f), (1m)(g)
3 18 USC 922(g)(1), (g)(9)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a restraining order?
Wisconsin state law specifically says that if a judge grants you a final domestic abuse injunction, the judge must order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms, unless the abuser is a peace officer and is required to possess a gun as a condition of his/her job.1 However, you may also want to ask the judge to specifically write in the terms of the order that the abuser must give up his/her firearms. It also may be helpful if the judge:
- requires the abuser to give his/her guns to the police, or requires the police to go to the abuser’s house and get them;
- makes it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- orders that the police notify you when the guns are returned to the abuser.
1 Wis. Stat. § 813.12(4m)(a)(2), (4m)(ag)
Guns and Criminal Convictions
If the abuser has been convicted of a crime, can s/he keep or buy a gun?
It is a Class G felony under Wisconsin law for a person to possess a firearm if any of the following applies:
- s/he has been convicted of a felony in Wisconsin or in another state;
- s/he has been found “not guilty by reason of mental disease/defect” of a felony in Wisconsin or in another state; or
- s/he has been adjudicated “delinquent” for an act committed on or after April 21, 1994, that would be considered a felony if committed by an adult.1
In addition, if the abuser has been convicted of a felony or “domestic violence misdemeanor,” then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.2 To read more information, go to our Federal Gun Laws pages.
1 Wis. Stat. § 941.29(1m)(a)-(d)
2 18 USC § 922(g)(1),(9)
How can I find out if the abuser has been convicted of a crime?
Criminal records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor. Criminal records that would make a person ineligible to purchase a firearm are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.
To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?
The Abuser Isn’t Supposed to Have a Gun…Now What?
If the abuser's gun is taken away, what will happen to it?
When you get a domestic abuse restraining order/injunction, the judge will generally order the abuser to give surrender his/her guns within 48 hours. The firearms will be surrendered (given) to the sheriff (either in the county where your court case is taking place or in the county where the abuser lives) or to another person that the abuser suggests who is approved by the judge.2 If the gun is given to a sheriff, the sheriff will issue a receipt that includes the date on which the firearm was surrendered and the manufacturer, model, and serial number of the firearm. The sheriff can store the gun at a warehouse at the abuser’s expense.2 You can read more about the process for surrendering a firearm on our Selected Wisconsin Statutes page.
1 Wis. Stat. §§ 813.12(4m)(a)(2); 813.1285(1g)(a)
2 Wis. Stat. § 813.1285(6)(a), (6)(e)(1)
Who do I notify if I think the abuser should not have a gun?
If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the state police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).
You can find contact information for sheriff departments in your area on our WI Sheriff Departments page.
You can find ATF field offices in Wisconsin on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our WI Advocates and Shelters page.
Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What will happen if the abuser tries to purchase a gun?
Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.1 If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.
If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.
What is the penalty for violating state and federal firearm laws?
Under Wisconsin state law, possession of a firearm in violation of a domestic abuse or harassment restraining order is a Class G felony and can be punished by a fine of up to $25,000, jail time of up to 10 years, or both.1 Wisconsin state law also says that any violation of a temporary or final domestic abuse restraining order can be punished by a fine of up to $1,000, jail time of up to 9 months, or both.2
Also, anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.3
1 Wis. Stat. §§ 941.29(2); 939.60(2)(g)
2 Wis. Stat. § 813.12(8)
3 18 USC § 924(a)(2)
More Information and Where to Get Help
I do not have a domestic abuse restraining order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Even if you do not have a domestic violence restraining order or injunction against the abuser and s/he has not been convicted of any crimes, it is illegal under Wisconsin law for a person to possess a firearm if any of the following applies:
- s/he has been found “not guilty by reason of mental disease/defect” of a felony in Wisconsin or in another state;
- s/he has been adjudicated “delinquent” for an act committed on or after April 21, 1994, that would be considered a felony if committed by an adult;
- s/he has been involuntarily committed for treatment by a court due to mental illness, drug dependency, or other developmental disability and is subject to an order not to possess a firearm;
- s/he is subject to an order not to possess a firearm in a court proceeding based on alcoholism, the appointment of a guardian, or protective placement/protective services;
- s/he has an injunction issued against him/her for child abuse; however, there is an exception for law enforcement or military officers; or
- s/he is subject to an order not to possess a firearm in a harassment restraining order/injunction or an individual at risk restraining order/injunction.1
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our WI Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Wisconsin, you can go to Giffords Law Center to Prevent Violence.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 Wis. Stat. § 941.29(1m)
The abuser uses a gun for his/her job. Does the law still apply?
Under Wisconsin state law, if the prohibition against having a firearm comes from the fact that there is a domestic violence or child abuse restraining order issued against him/her, then the prohibition may not apply. If the abuser is a peace officer (law enforcement officer) and s/he is required to possess a firearm while in the line of duty or it is a condition of employment that s/he possess a gun while off duty, then the law prohibiting firearm use will not apply.1 Also, if the abuser is a member of the U.S. armed forces or national guard, s/he can possess a firearm while in the line of duty.2
However, if the abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, the abuser cannot buy or have a gun, even if s/he is a police officer or a military employee.3
If you are confused or not sure whether the abuser can still use a gun for work purposes, you can contact us on our Email Hotline or call the National Center on Protection Orders and Full Faith & Credit at 1-800-903-0111, ext. 2.
1 Wis. Stat. § 941.29(10)(a)
2 Wis. Stat. § 941.29(10)(b)
3 18 USC § 925(a)(1)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing. There are people who can help you better understand the law and your rights under the law. You can:
- contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2;
- contact us by writing to our Email Hotline;
- contact a local domestic violence organization in your area.
