How Easy Is It To Buy A Gun In Wisconsin?

WISCONSIN — As the death toll from recent mass shootings increases, the debate about guns has been renewed in Wisconsin and beyond.

Whether or not to regulate military assault-style weapons, the type used in a spate of deadly mass shootings, has been the focus of congressional inquiries and a proposed ban that passed the House of Representatives.

The legislation would restore the 1994 Assault Weapons Ban that was allowed to expire in 2004, making it illegal to sell, manufacture, transfer, possess or import assault weapons or large-capacity ammunition feeding devices. It has been referred to the Senate, where 10 Republicans would have to join Democrats to overcome a filibuster.

Without a ban, there are no federal prohibitions on the sale of this particular class of weapon. The right is not absolute, though.

Laws in California, Connecticut, the District of Columbia, Hawaii, Maryland, Massachusetts, New Jersey and New York prohibit assault weapons. Both Minnesota and Virginia have some restrictions.In Wisconsin, there is no outright ban on "assault weapons." People are free to open-carry most weapons in Wisconsin.

The state's constitution protects people's right to bear arms for security, defense, hunting, recreation or any other lawful purpose.

Despite that focus of the proposed federal ban on assault weapons, handguns are much more often used in gun violence.

Under Wisconsin statute 175.35, obtaining a handgun is particularly easy in Wisconsin. In order to buy a handgun, a person must comply with federal law by providing identification and the dealer is supposed to check with the Wisconsin Department of Justice to confirm the person is not prohibited from owning a firearm.

Like every state, people in Wisconsin who were convicted of a felony are prohibited from owning firearms under statute 941.29. Under statutes 51.20, 51.45, 54.10 and 55.12, courts may also order people to not possess firearms.

Regardless of the existing rules, when gun violence spiked to a 25-year high, FBI crime data for 2020 showed handguns were involved in 59 percent of the 13,620 U.S. gun murders and non-negligent manslaughters.

Rifles, which include those classified as assault weapons, were used in just 3 percent of firearm murders — not quite as often as hands, feet and fists — and shotguns were used in 1 percent of murders. The type of firearm wasn’t specified in 36 percent of of gun murders.

It’s also important to note the FBI data isn’t complete because it’s based on information voluntarily submitted by law enforcement agencies around the country. In 2020, 15,875 of 18,623 law enforcement agencies completed reports.

Because of that, the total number of gun homicides is likely much higher. For example, the Centers for Disease Control and Prevention data shows 19,384 U.S. gun homicides in 2020, based on death certificate information provided by the National Center for Health Statistics.

According to that data, there were 717 gun deaths in Wisconsin in 2020. Meanwhile, from 2010 to 2020 FBI data showed handguns lead homicides in Wisconsin, with knifes coming in second.