See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Wisconsin has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by certain domestic abusers.

Wisconsin also has no law requiring the removal of firearms at the scene of a domestic violence incident.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Wisconsin prohibits the possession of a firearm by any person enjoined under a domestic abuse or child abuse restraining order or injunction, certain tribal injunctions1 or a harassment or elder abuse/adult-at-risk restraining order or injunction with an order prohibiting the possession of a firearm.2

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

In 2014, Wisconsin enacted a new law providing a process for the surrender of firearms by the subjects of the restraining orders and injunctions listed above.3 The law requires a court to stay an injunction and extend a temporary restraining order for up to 48 hours during which time the respondent must complete a firearm possession form. If the respondent is not present in court, the petitioner must testify as to the respondent’s possession of firearms.4 If the court is satisfied that the respondent possesses firearms, it must issue a surrender and extend order and schedule a hearing to surrender firearms within one week.

If a surrender and extend order has been issued, the respondent has 48 hours to surrender his or her firearms to a person who is not prohibited from possessing a firearm and is approved by the court, or to a sheriff.5 At the firearm surrender hearing, the respondent must verify that he or she has already surrendered his or her firearms or surrender the firearms during the hearing.6 If the respondent fails to attend the hearing to surrender firearms, the court must issue an arrest warrant for him or her.7

 

 

Notes
  1. See Wis. Stat. §§ 813.12(1)(am), (4)(a), (4m), 813.122(5m). ⤴︎
  2. Wis. Stat. §§ 813.125(4m), 941.29(1)(f), (g), (2)(d), (e), 813.123(5)(a). ⤴︎
  3. Wis. Stat. § 813.1285. ⤴︎
  4. Wis. Stat. § 813.1285 (2). ⤴︎
  5. Wis. Stat. § 813.1285(3). ⤴︎
  6. Wis. Stat. § 813.1285(4). ⤴︎
  7. Wis. Stat. § 813.1285(4). ⤴︎