Many people in Wisconsin transport guns in their vehicles whether due to hunting or personal protection. Do you know what to do if you have a firearm in your car or truck and you are pulled over by law enforcement? What are you required to declare? Will the situation escalate if you mention you have a gun? A simple speeding ticket situation can become serious if the wrong thing is said or done.
Wisconsin gun laws are more permissive than many people expect, but it important to know the guidelines and your rights and duties. Penalties for violations are significant. Carrying a concealed weapon without a permit can result in up to nine months in jail and a fine of up to $10,000. Possession of a firearm by a felon can lead to up to 10 years in prison and a fine of up to $25,000. If you are facing criminal charges involving a firearm, contact Casper Mehlos Law Group to talk with an experienced criminal defense lawyer.
What Are Open Carry and Concealed Carry Laws in Wisconsin?
Openly carrying a gun (“open carry”) is generally legal for any person that is 18 years or older and not prohibited from possessing a firearm under state and federal laws. The right to carry a concealed weapon (“concealed carry”) in Wisconsin is granted by obtaining a license to Carry a Concealed Weapon (CCW). Non-residents may also carry a concealed weapon with a license or permit from a state that Wisconsin honors.
Do You Have to Tell a Wisconsin Officer You Have a Concealed Gun?
You are not required to voluntarily inform a law enforcement officer that you’re carrying a concealed firearm when pulled over in Wisconsin unless the officer asks. If you are carrying a legally concealed weapon, you must turn over your CCW license along with your driver’s license (or other state issued ID) when asked to do so by an officer acting in official capacity. If you don’t have a CCW license, a loaded gun must not be concealed in any manner, including on a car seat. So, a gun tucked under a seat, stored in a glove compartment, or hidden in a bag without a valid concealed carry license can result in a criminal charge, even if you’re otherwise legally allowed to own that firearm.
It is well within the law for the officer to temporarily secure your gun for the duration of the traffic stop. That can feel alarming if you weren’t expecting it. It doesn’t necessarily mean you’re being charged with anything. Stay calm, keep your hands visible, and follow the officer’s instructions clearly.
When Does a Legal Gun Become an Illegal One?
If your gun is concealed in any way, the issue isn’t just whether you own the gun lawfully. It’s about how and where it’s positioned in the vehicle at the time of the stop. Carrying a gun in your waistband under your shirt, in a purse or bag, or in a glove compartment all generally require a concealed carry permit.
There are also situations where even a valid license won’t protect you. It’s against the law to have a gun in your possession in certain circumstances, such as during a traffic stop for drunk driving, even if you have a concealed carry permit. Wisconsin law treats armed intoxication seriously, and a stop that begins as an OWI investigation can quickly become a weapons charge situation as well.
Where you are located at the time of the stop can also make a difference. Weapons cannot be carried in school buildings or within 1,000 feet of school grounds unless you have a CCW license. In a city like Madison, the geographic restrictions cover a lot of the city, particularly in neighborhoods close to the UW campus or near Midvale Boulevard, where schools are densely clustered.
What Are Your Rights If the Stop Goes Sideways?
An officer generally needs a lawful basis to search your vehicle under the constitutional protections provided by the Fourth Amendment. If the basis for the search wasn’t there, or if the search went beyond what was legally permitted, any evidence gathered during that search may be challengeable in court by your lawyer. Without proper evidence, criminal charges may be dropped.
In some cases, the person accused of carrying an illegal gun may argue they were unaware of the presence of the weapon, such as in a borrowed vehicle. Lack of possession, when the state can’t show you knowingly had control over the firearm, is another avenue that can be relevant depending on the facts.
What to Do If You’re Facing Gun Charges After a Traffic Stop
Whether you’re dealing with a misdemeanor concealed carry charge or something more serious, the facts of your specific situation matter. Many of these cases involve search and seizure problems, especially when officers expand a stop without enough legal basis.
If you were pulled over in Madison, whether on Highway 51, near the Capitol Square, or anywhere in Dane County, and a firearm was involved, contact Casper Mehlos Law Group. We’re here to help you understand what you’re facing and what can realistically be done to defend you from criminal charges.
