Do Wisconsin Gun Statutes Matter? (2024)


One of the favorite refrains from the National Rifle Association, when arguing against more meaningful and needed gun control legislation, is that law enforcement and local authorities should first enforce existing gun laws on the books. So, when a Wisconsin county sheriff did exactly that the blowback from a gun owner further underscores the hypocrisy that exists within the gun culture.

Dodge County supervisor charged with taking a gun into a Neosho elementary school said Friday he would never risk the safety of any child and questions the motivations of the county’s sheriff in responding to the incident.

Sup. Daniel Siegmann, 65, was released on a $5,000 signature bond Thursday after spending a night in the Dodge County Jail after he was arrested Wednesday evening. He is charged with possession of a firearm on school grounds, a felony, which carries a sentence of up to 1½ years in prison and two years of extended supervision if convicted.

Seigmann, who at the time was a school board member in the the Herman-Neosho-Rubicon district, said he had forgotten he had the holstered pistol on him when he walked into the elementary school on Tuesday to meet with the district administrator.

“I am pretty much a lifetime resident of this community as a dairy farmer, also serving the community as a county supervisor and School Board member,” Siegmann said. “I have nine children and 24 grandchildren, and as those who know me can attest, my love for children will always be seen as one which desires to protect them from harm, never as one which risks their safety.”

Siegmann told authorities in Dodge County that he had forgotten about his holstered pistol strapped around his back when he walked into the elementary school. As I read that statement in the newspaper, I thought about a 16-year-old family friend who recently received his driving permit. One of the obvious understandings between his parents and the young driver centers around there is never to be a time when he is not to be in complete control of the vehicle on the road. It goes without saying that every gun owner must be fully cognizant of their deadly weapon and have complete recognition of the responsibility they have when carrying it on their person. Siegmann’s own words prove he was not able to safely maintain ownership of his gun.

Accidents happen frequently in our society, and we often ponder why an awful event unfolded. We know the thoughts that abound when reading a news story about a parent who left a toddler ‘just for a moment’ in a bathtub with the water running. We can recall our thoughts when learning about a guardian who left a toddler in a car seat on a hot July afternoon to make it easy ‘to run into a local grocery store to purchase a few items’. We know what our thoughts would be if a lifeguard left his perch on the beach ‘just for a minute’ and something tragic happened to a youngster splashing about in the lake. It is simply unacceptable, following the all-too-often school shootings, to fluff off Siegmann’s actions as ‘I forgot I was wearing a holstered pistol’.

We either have state statutes that have meaning and will be enforced across Wisconsin, or we have laws on the books that can be skirted and only applicable to certain people. Obviously, what Siegmann did was in violation of the laws on the books concerning where a gun must not be brought at any time. When we start allowing gun owners to dismiss the state statutes then we, as a society, have taken two steps backward with our efforts to stem gun violence. Not to mention such behavior flies in the face of the NRA argument that law enforcement and the court system must enforce the current laws on the books. (Or is that lingo only useful at their national gun fetish convention?)

It is a weak defense to argue that once a person has been arrested for a crime, and bringing a gun into a school is in fact a crime, it was the result of political retribution. Siegmann stated he believes that Dodge County Sheriff Dale Schmidt did not have the best intentions when pursuing the investigation. (Schmidt said he immediately contacted an outside agency to investigate the incident after learning of four different complaints against Siegmann.) Over the years we are aware that conservatives often scorn and reject the argument when Black people claim their arrests were due to racism or some other perceived injustice that had befallen them. But now we have a white gun owner who has taken the same path to run away from taking full responsibility for his behavior.

The bottom line from the majority of society is rather straightforward. We demand gun owners fulfill their responsibility to the rest of society to act within the law. Much like that new teenage driver on our streets if and when someone runs afoul of the laws they need to man up and take the consequences for their actions.

Do Wisconsin Gun Statutes Matter? (2024)

FAQs

What is the statute for carrying a concealed weapon in Wisconsin? ›

In 2011, Wisconsin passed a law allowing licensed individuals to carry a concealed firearm in public. The law also allows an individual to carry a concealed firearm in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, even without a license.

What guns can felons own in Wisconsin? ›

It is against the law for anyone convicted of a felony to possess a firearm in Wisconsin, and the penalties for doing so are severe. If you are facing charges for criminal gun possession and have a felony status, it is essential to retain an experienced, aggressive criminal defense lawyer right away.

Can I open carry a handgun in my car in Wisconsin? ›

FAQ: Can you open carry while driving in Wisconsin? You can have a loaded pistol in a car as long as it is visible and not covered or concealed in any way unless you have a concealed carry permit. It is considered loaded if it has bullets in the magazine even if one is not chambered. A rifle is different.

Which Wisconsin statute allows for self defense? ›

939.48 Self-defense and defense of others. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.

Can you carry a gun in Wisconsin without a license? ›

Is open carry permitted in Wisconsin? Yes, without a license. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry. However a concealed carry license is required to conceal a loaded handgun within reach in a vehicle.

What disqualifies you from concealed carry in Wisconsin? ›

The Depart- ment must issue a concealed weapons license to an applicant unless the individual: (a) is less than 21 years of age; (b) is prohibited under federal law from possessing a firearm that has been trans- ported in interstate or foreign commerce; (c) is prohibited under state law from possessing a fire- arm; (d) ...

Can a felon get their gun rights back in Wisconsin? ›

Gun rights are restored unless the conviction was for a domestic violence misdemeanor. Those convicted of a felony involving possession of a firearm must receive a pardon for both the underlying felony conviction and the firearm possession conviction in order to regain gun rights.

Can a felon use a gun in self defense in Wisconsin? ›

The Wisconsin Supreme Court held that “a narrow defense of privilege exists to a charge of felon in possession of a firearm.” The court agreed with prosecutors: generally acceptable defenses like coercion, self-defense, defense of others, and defense of others does not apply to this charge.

Can a felon own a BB gun in Wisconsin? ›

A convicted felon can purchase a hunting license in Wisconsin, but it is illegal for a felon to possess any type of firearm, including a muzzle loader.

Can I carry a gun in my glove box in Wisconsin? ›

Some states don't even allow you to have a gun on your person while in your vehicle. But others require it to be on you at all times. For example, Wisconsin state law requires a handgun to be encased (in a transportation case), and not stashed in a glove box.

What is the Castle Doctrine in Wisconsin? ›

Wisconsin is a Castle Doctrine state. This means that if you are in your home, car, or business there is a legal presumption deadly force can be used against a person if they have broken into, or are in the process of breaking into, one of these locations while you are present inside.

Can you carry your gun around in your car without concealed carry? ›

Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle's trunk or in a locked container.

What is the Act of God defense Wisconsin? ›

Under the doctrine, a defendant is insulated from liability for personal injury or property damage caused by an act of God, that is, a natural cause. The defense is rarely used. However, it may become more common in the future.

What is perfect self-defense in Wisconsin? ›

A defendant asserting perfect self-defense against a charge of first-degree murder must meet an objective threshold showing that the defendant reasonably believed that the defendant was preventing or terminating an unlawful interference with the defendant's person and that the force used was necessary to prevent ...

Does Wisconsin have a long arm statute? ›

It must first be determined whether defendants are subject to jurisdiction under Wisconsin's long-arm statute. If the statutory requirements are satisfied, then the court must consider whether the exercise of jurisdiction comports with due process requirements.

What are the rules for carrying a gun in Wisconsin? ›

Under Wisconsin law, a person under age 18 is generally prohibited from possessing or going armed with a firearm, also subject to certain exceptions. As discussed below, a person must be 21 years of age or older to be eligible for a state license to carry a concealed weapon.

When can you conceal carry in Wisconsin? ›

In order to obtain a CCW license, the applicant must: Be 21 years of age or older. Not prohibited from possessing a firearm under state or federal law.

Is carrying a concealed weapon a felony in Wisconsin? ›

941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

What is the concealed carry policy number 941.23 in Wisconsin? ›

Wisconsin statute 941.23 covers who can carry a concealed weapon, what identification and permits are required, and the penalties for violating the concealed weapon laws. Under Wisconsin law, “weapon” means not only a handgun, but also an electric weapon (such as a Taser), or a billy club.

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