How to Buy a Firearm in Wisconsin: A Comprehensive Guide

Purchasing a firearm is a significant responsibility, and understanding the laws and procedures in your state is crucial. If you’re a resident of Wisconsin and considering buying a gun, this comprehensive guide will walk you through the entire process, from eligibility requirements to the final purchase. It’s important to note that firearm laws can change, so always double-check the most current regulations with official sources like the Wisconsin Department of Justice or a qualified legal professional.

Eligibility to Purchase a Firearm in Wisconsin

Before you even begin looking at firearms, you need to ensure you meet the basic eligibility requirements set by both federal and Wisconsin state laws. Here’s a breakdown of the key criteria:

1. Age: You must be at least 18 years old to purchase long guns (rifles and shotguns) and at least 21 years old to purchase handguns from a licensed dealer. Private sales have a different set of rules which we will cover later.
2. Residency: You must be a resident of Wisconsin. Proof of residency, such as a valid Wisconsin driver’s license or state-issued ID, is typically required.
3. Federal Prohibitions: Federal law prohibits certain individuals from possessing firearms. These include:
• Those convicted of a felony or any crime punishable by imprisonment for more than one year.
• Those who are fugitives from justice.
• Those who are unlawful users of or addicted to any controlled substance.
• Those who have been adjudicated as mentally defective or have been committed to a mental institution.
• Those who have been dishonorably discharged from the Armed Forces.
• Those who are subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child.
• Those who have been convicted of a misdemeanor crime of domestic violence.
• Those who are under indictment for a felony.
• Those who are illegal aliens.
4. Wisconsin-Specific Prohibitions: In addition to the federal prohibitions, Wisconsin also has its own set of restrictions. These can include:
• Individuals who have been convicted of certain domestic violence offenses.
• Individuals who are subject to specific restraining orders.

Note: This is not an exhaustive list. If you are unsure about your eligibility, consult with a legal professional.

Steps to Purchase a Firearm from a Licensed Dealer in Wisconsin

Most firearm purchases in Wisconsin are conducted through licensed dealers (FFLs). These dealers are required to perform background checks and ensure that all sales are legal. Here’s the step-by-step process:

1. Locate a Licensed Dealer: Find a Federal Firearms License (FFL) dealer near you. You can usually find these at gun stores, sporting goods stores, or pawn shops that sell firearms. Make sure they are licensed to sell in Wisconsin.
2. Choose Your Firearm: Once at the store, browse the firearms available that match your specific needs. This involves choosing the type of firearm (handgun, rifle, shotgun), caliber, action, and other features to match your personal preference or intended use. Take your time to compare different models, ask questions about their functionality and ease of use. Handle different firearms (making sure they are unloaded) to ensure they fit comfortably in your hand and are well balanced. This step is crucial to buying a firearm you will be happy with. Always make sure that you are dealing with a reputable dealer and they have the right permits to operate.
3. Fill Out the ATF Form 4473: This is the federal Firearms Transaction Record. It requires you to provide personal information, including your name, address, date of birth, and answering a series of questions about your eligibility to own a firearm. It is extremely important that you answer these questions honestly, as lying on this form is a federal felony. The dealer will review your answers to determine whether there are any legal issues that could prevent you from owning a firearm.
4. Wisconsin State Background Check: Once the ATF form 4473 is filled out and reviewed by the dealer, you will then be entered into the Wisconsin state system for a background check. This is done electronically with the Wisconsin Department of Justice, and they review your eligibility to possess firearms based on state and federal laws. In general, the waiting period for this process is very short, usually lasting only a few minutes, but in rare circumstances, it may take longer depending on the system traffic.
5. Pay for the Firearm: If the background check comes back clear, you will then pay for the firearm. Dealers accept a variety of payment methods, such as cash, credit card, check, or debit card. Remember to always consider the additional costs of buying a firearm, such as sales tax, case, cleaning supplies, and ammunition if it is not already included in the price.
6. Take Possession of Your Firearm: After payment is processed, the dealer will release the firearm to you. When you leave the store, it is your responsibility to transport the firearm safely. Always keep in mind all local laws on transporting firearms. Wisconsin generally allows open and concealed carry but that doesn’t mean all municipalities allow it. Consult with local law enforcement to know about the requirements in your area.

Private Firearm Sales in Wisconsin

Unlike sales through licensed dealers, private firearm sales (between two individuals) in Wisconsin do not require a background check. However, there are certain guidelines you should follow to remain within the bounds of the law:

• Age Restrictions: As with dealer sales, you must be 18 to buy a long gun and 21 to buy a handgun. Even if a background check is not mandatory, the age requirements remain in effect.
• Prohibited Individuals: As the seller, you should make reasonable efforts to ensure that the buyer is not prohibited from possessing a firearm under federal or state law. However, there’s no legal requirement for a seller to conduct a formal background check. Asking questions about eligibility and if the buyer is prohibited from owning a firearm is advised.
• Bill of Sale: Although not required, it’s always a good practice to create a bill of sale, including the buyer’s and seller’s information and the firearm’s details, date of sale and agreed payment. This can serve as documentation of the transaction.
• Best Practice: As the seller, you can legally require the buyer to conduct the sale through an FFL and have a background check conducted before completing the sale. Many responsible private sellers choose to do this in order to minimize the risk of illegally transferring a firearm to a prohibited individual. Even though it is not required in the state of Wisconsin for private transfers, doing so can protect yourself from potential legal trouble and help to prevent firearms from ending up in the wrong hands.

Important Considerations for Private Sales:

• Due Diligence: It’s crucial to exercise due diligence in a private sale. If there are any red flags, it’s best to err on the side of caution.
• Liability: Be aware that as the seller, you could potentially face legal liabilities if you knowingly transfer a firearm to someone who is prohibited from possessing one.

Additional Important Information

• Waiting Period: Wisconsin does not have a waiting period to purchase a firearm, provided you pass the background check.
• Open Carry vs. Concealed Carry: Wisconsin is an open carry state, meaning you can legally carry a firearm openly. However, concealed carry requires a license, as dictated by the state laws. If you choose to carry a firearm, familiarize yourself with these laws.
• Firearm Safety: Whether you are a first time firearm owner or have owned firearms for many years, firearm safety is paramount. You should consider taking a training course to learn proper handling, storage, and maintenance.
• Local Laws: Always check local ordinances, as some cities or municipalities may have additional rules regarding firearms.
• Safe Storage: Always store your firearms unloaded, in a safe, and preferably locked container, and store the ammunition in a separate location to prevent unauthorized access, especially from children. Make sure that the firearms are stored in a dry location to prevent rust.
• Legal Advice: If you have any questions or concerns about firearm laws, seek guidance from a qualified attorney or law enforcement official.

Conclusion

Purchasing a firearm in Wisconsin requires careful consideration and adherence to federal and state laws. Always be aware of your local laws. By following the steps outlined in this guide, you can ensure that you are buying your firearm legally. Always practice responsible firearm ownership by following safety measures and maintaining your firearm regularly. When in doubt, consult official sources, such as law enforcement or legal professionals for clarification or guidance on Wisconsin firearm laws. Remember, gun ownership comes with great responsibility, and adhering to the law and practicing gun safety are paramount to keeping you and your community safe.