State Gun Laws

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)