Wisconsin Statewide Rule
Wisconsin Firearms Local Preemption Statute
Key Facts
- Preemption Law
- Statute 66.0409 preempts statewide
- Jurisdictions
- Applies to cities, villages, towns, counties
- Exceptions
- Limited discharge zones and buildings
- Legal Remedy
- Successful challengers recover attorney fees
- Concealed Carry
- Strengthened by 2011 Act 35
Summary
Wisconsin Statute 66.0409 broadly preempts local firearm regulation, barring cities, villages, towns, and counties from enacting ordinances stricter than state law on possession, transportation, sale, or registration of firearms and ammunition.
Except as provided in subs. (3) and (4), no political subdivision may enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife or any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
Full Breakdown
Wis. Stat. 66.0409 prohibits any political subdivision from enacting or enforcing an ordinance regulating the sale, purchase, transfer, ownership, possession, carrying, registration, or taxation of firearms or ammunition unless the regulation is the same as or similar to a state statute. Local rules conflicting with state law are void. The statute does allow narrow exceptions for discharge ordinances, zoning of gun shops, and possession in municipal buildings under specified conditions. Courts have applied this preemption broadly, voiding local park bans, transit prohibitions, and storage mandates. The law was strengthened in 2011 alongside Wisconsin's concealed-carry law.
Violations & Penalties
Local ordinances inconsistent with 66.0409 are unenforceable and void. Officials enforcing such ordinances may be subject to civil action and damages. Plaintiffs prevailing in challenges may recover reasonable attorney fees and costs.
Frequently Asked Questions
Can a Wisconsin city ban guns in city parks?
Can counties require firearm registration?
What about discharge of firearms within city limits?
Sources
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