Know the Laws: Wisconsin

UPDATED January 6, 2009

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WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the WI Where to Find Help page to find help.

• More Information and Where to Get Help
  • If my abuser's gun(s) is taken away, what will happen to it?
  • Who do I notify if I think my abuser should not have a gun?
  • What is the penalty for violating the federal firearm law?
  • I do not have a Domestic Abuse Restraining Order against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
  • What will happen if my abuser tries to purchase a gun?
  • I received a restraining order through my divorce. Can my ex-spouse own or buy a gun?
  • My abuser uses a gun for his job. Does the law still apply?
  • What is the legal definition of a gun or firearm?
  • I've read through all of this information, and I am still confused. What can I do?
• Guns and Domestic Abuse Restraining Orders
• Basic Info
• Guns and Criminal Convictions

More Information and Where to Get Help

back to topIf my abuser's gun(s) is taken away, what will happen to it?

When you get your Domestic Abuse Restraining Order, the judge will order your abuser to give his/her gun to the local sheriff, the sheriff in the county where your abuser lives, or to another person that the judge has approved.  If the gun is given to a sheriff, the sheriff will give your abuser a receipt and can store the gun at the law enforcement agency or in a public warehouse at the owner’s expense. *

* Wis. Stat. §§ 813.12(4m)(a)(2); (am); (aw)

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back to topWho do I notify if I think my abuser should not have a gun?

If you think your abuser is violating the federal firearm law, you can call your local police or sheriff department, the State Police, or the Bureau of Alcohol, Tobacco and Firearms (ATF). Let them know that either you have a Domestic Abuse Restraining Order against your abuser, or your abuser has been convicted of a felony or domestic violence misdemeanor.

You can find contact information for sheriff departments in your area on our WI Sheriff Department Locations page.

There is an ATF field office located in St. Paul, Minnesota. Their contact information is:

U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
St. Paul Field Division
30 East Seventh Street
Suite 1900
St. Paul, MN  55101
(651) 726-0200
http://www.atf.gov/field/stpaul/index.htm 
For reporting illegal firearm activity: 1-800-ATF-GUNS (1-800-283-4867)
There are also branch offices in Milwaukee and Madison.

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 State and Local Programs page.

Note: Generally, your abuser does not have to have knowledge of the law in order to be arrested for violating the law. If your abuser has a gun or buys a gun in violation of the law, your abuser can be arrested, whether or not your abuser knows he/she was in violation of the law.*

* 8th Cir. 2004
** S.D. W.V. 1999
*** United States v. Lippman, 369 F. 3d 1039; United States v. Henson, 55 F. Supp. 2d 528

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back to topWhat is the penalty for violating the federal firearm law?

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. *

Under WI 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.** WI 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.***

*18 USC 924 (a) (2)
** Wis. Stat. §§ 941.29(2); 939.60(2)(g)
*** Wis. Stat. § 813.12(8)

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back to topI do not have a Domestic Abuse Restraining Order against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?

In Wisconsin, if your abuser has been declared mentally incompetent or found not guilty of a felony by reason of insanity, s/he is not allowed to buy or have a gun.*  If this is your situation, please talk to someone in your area about how this law is being enforced

If none of these situations apply, you can still make a plan for your safety. See our Staying Safe 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 State and Local Programs page to find a local domestic violence organization near you.

* Wis. Stat. § 941.29(1)

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back to topWhat will happen if my abuser tries to purchase a gun?

Before purchasing a gun, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NCIS). If your abuser has a qualifying Domestic Abuse Restraining Order against him, or has been convicted of a felony or domestic violence crime, those records should be in the NCIS, which should prevent your abuser from 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.

If your abuser is able to purchase a gun, you can alert the police, and ask that his/her gun be taken away. Generally, it is not a good idea to assume that because your abuser was able to buy a gun, it is legal for him to have one. The criminal background check system is not foolproof.

Note: There may also be some loopholes in the law that your abuser can take advantage of.  For more information, you can contact a local domestic violence organization in your area. Go to our WI State and Local Programs page to find an organization near you.

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back to topI received a restraining order through my divorce. Can my ex-spouse own or buy a gun?

If the language that is used in the restraining order does not specifically restrain the abuser from "physical force involving bodily injury," as required under federal law*, then the federal gun law might not be enforceable, and your ex-spouse may still be able to have a gun.**

* 18 USC 922(g)(8)(c)
** Magoon v. Thoroughgood, No. 2000-834 (N.H. issued July 26, 2002)

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back to topMy abuser uses a gun for his job. Does the law still apply?

The law might not still apply if your abuser is required to use a gun for his/her job.  Under WI state law, if your abuser is a law enforcement officer or military employee who must use a gun as part of his/her job, the court is not allowed to order that the gun be taken away.  If this is your situation, your abuser will most likely be allowed to carry his/her gun for work purposes, and s/he may be allowed to carry the gun even when s/he is off duty.*

However, if your abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, your abuser cannot buy or have a gun, even if s/he is a police officer or a military employee.**

If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111, ext. 2

To find a domestic violence advocate in your area, please go to our WI State and Local Programs page.

* Wis. Stat. § 941.29(10)
** 18 USC 925 (a)(1)

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back to topWhat is the legal definition of a gun or firearm?

A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition.*

The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898.**

WI state law defines a firearm as any weapon that acts by force of gunpowder.*** A firearm is also any weapon that uses gun powder to fire a projectile, no matter whether the weapon is not working because it has been disassembled.****

To read the exact legal definition of a firearm, as it applies to the federal firearms statute, please see 18 USC 921. This law can be found on the US House of Representatives website.

* 18 USC 921(3)
** 18 USC 921(16)
*** Wis. Stat. § 167.31(1)(c)
**** State v. Rardon, 185 Wis. 2d 701, 706 (7th Cir. 1994)

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back to topI'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, but there are people out there who can help you better understand the law and your rights under the law.

• You can write to our Email Hotline.
• You can contact a local domestic violence organization in your area (See our WI State and Local Programs page).
• You can also contact the National Center on Full Faith and Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111, ext. 2

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