Wisconsin Statutes
Wis. Stat. § 66.0409 (2026)
Local regulation of weapons
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
66.0409(1)(a)(a) “Firearm” has the meaning given in s. 167.31 (1) (c) and includes an airgun, as defined in s. 29.001 (7).
66.0409(1)(c)(c) “Sport shooting range” means an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
66.0409(2)(2) Except as provided in subs. (3) and (4), no political subdivision may enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife or any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
66.0409(3)(a)(a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subch. V of ch. 77 on any knife or any firearm or part of a firearm, including ammunition and reloader components, sold in the county.
66.0409(3)(b)1.1. Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm.
66.0409(3)(b)2.2. Notwithstanding subd. 1., any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor’s conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.
66.0409(3)(b)3.3. Notwithstanding subd. 1., any ordinance or resolution that restricts the honorary discharge of a firearm that involves the use of only blanks and that is part of any of the following does not apply and may not be enforced:
66.0409(3)(b)3.a.a. An event, including a funeral, honoring a current or former member of the military, law enforcement officer, or professional fire fighter.
66.0409(3)(c)(c) Nothing in this section prohibits a political subdivision from enacting or enforcing an ordinance or adopting a resolution that prohibits the possession of a knife in a building, or part of a building, that is owned, occupied, or controlled by the political subdivision.
66.0409(4)(a)(a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
66.0409(4)(am)(am) Nothing in this section prohibits a political subdivision from continuing to enforce until November 30, 1998, an ordinance or resolution that is in effect on November 18, 1995, and that requires a waiting period of not more than 7 days for the purchase of a handgun.
66.0409(4)(b)(b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
66.0409(4)(c)(c) Nothing in this section prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety.
66.0409(5)(5) A county ordinance that is enacted or a county resolution that is adopted by a county under sub. (2) or a county ordinance or resolution that remains in effect under sub. (4) (a) or (am) applies only in those towns in the county that have not enacted an ordinance or adopted a resolution under sub. (2) or that continue to enforce an ordinance or resolution under sub. (4) (a) or (am), except that this subsection does not apply to a sales or use tax that is imposed under subch. V of ch. 77.
66.0409(6)(6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading a firearm, or for carrying or going armed with a firearm or a knife, without regard to whether the firearm is loaded or the firearm or the knife is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.
66.0409 HistoryHistory: 1995 a. 72; 1999 a. 150 s. 260; Stats. 1999 s. 66.0409; 2011 a. 35; 2015 a. 149; 2019 a. 124; 2023 a. 115.
66.0409 AnnotationThis section does not prohibit municipalities from enacting and enforcing zoning ordinances that apply to sport shooting ranges. Town of Avon v. Oliver, 2002 WI App 97, 253 Wis. 2d 647, 644 N.W.2d 260, 01-1851.
66.0409 AnnotationThe scope of legislative activity covered by “ordinances” and “resolutions” extends to formal and informal enactments that address matters both general and specific in a manner meant to be either temporary or permanent and that can be characterized as administrative or otherwise, regardless of how they may be denominated. There is no legislative action a municipality could take that would not come within the ambit of ordinance or resolution. If a statute removes the authority of a municipality’s governing body to adopt an ordinance or resolution on a particular subject, the governing body loses all legislative authority on that subject. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19, 373 Wis. 2d 543, 892 N.W.2d 233, 15-0146.
66.0409 AnnotationUnder sub. (2), the legislature has withdrawn from municipalities all authority to legislate on the possession, bearing, or transportation of any knife or any firearm unless the legislation is the same as or similar to, and no more stringent than, a state statute. Because a municipality cannot delegate what it does not have, a municipality is entirely powerless to authorize any of its subunits to legislate on this subject. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19, 373 Wis. 2d 543, 892 N.W.2d 233, 15-0146.
66.0409 AnnotationThis section forbids a municipality from forbidding weapons on its buses when otherwise carried in conformance with the law. To the extent that a municipality previously had a property-based right to exclude riders in possession of weapons, that right ceased with the advent of this section. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19, 373 Wis. 2d 543, 892 N.W.2d 233, 15-0146.
Notes of Decisions
Cited in 12
cases, 2002–2018 · leading case: Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19 (Wis. 2017).
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19 (Wis. 2017). “Wis. Stat. § 66.0409 (2).6 We will refer to this statute as the "Local Regulation Statute".”
Town of Avon v. Oliver, 2002 WI App 97 (Wis. Ct. App. 2002). “Oliver argues that a conditional use permit is not required because: (1) Wis. Stat. §§ 66.0409 (2) and 895.527(5) (1999-2000) 1 prohibit local zoning ordinances from regulating sport shooting ranges in place prior to June 18, 1998; and (2) even if the zoning ordinance does…”
Wisconsin Carry, Inc. v. City of Madison, 2015 WI App 74 (Wis. Ct. App. 2015). “, an organization that describes itself as a "gun rights organization," and one of its members, Thomas Waltz (collectively "Wisconsin Carry"), brought suit asking the circuit court to declare that the bus rule is preempted by Wis. Stat. § 66.0409 . 1 The circuit court declined…”
State v. Cole, 2003 WI 112 (Wis. 2003). “Wis. Stat. § 66.0409 (2001-02). ¶ 65. In the meantime, Senator David Zien introduced a constitutional amendment to keep and bear arms.”
Gonzalez v. Vill. of West Milwaukee, 671 F.3d 649 (7th Cir. 2012). “See Wis. Stat. § 66.0409 (6); Wis. Act 35, 2011- 2012 Wis.”
Wisconsin Carry, Inc. v. City of Madison (Wis. 2017). “Wis. Stat. § 66.0409 (2).6 We will refer to this statute as the "Local Regulation Statute".”
Wisconsin Carry, Inc. v. City of Madison (Wis. 2017). “Wis. Stat. § 66.0409 (2).6 We will refer to this statute as the "Local Regulation Statute".”
Town of Rib Mountain v. Marathon Cnty., 916 N.W.2d 164 (Wis. Ct. App. 2018). “§ 66.0409(2), which provides that no "political subdivision" may "enact or enforce an ordinance or adopt a resolution" regulating the possession, bearing, or transportation of a knife or firearm, if the ordinance or resolution is more stringent than a state statute.”
Flores Vs. Las Vegas-clark Cty. Library Dist., 2018 NV 101 (Nev. 2018). “6 (quoting Wis. Stat. §§ 66.0409). The rule was challenged, and on appeal, the Wisconsin Supreme Court determined that although the transportation commission was not a city, village, town, or county, it had nevertheless been created by the City of Madison.”
City of Cincinnati v. Baskin, 112 Ohio St. 3d 279 (Ohio 2006). “Code 8-12-5a; Wis.Stat. 66.0409(2); and Wyo.Stat.Ann. 6-8-401.”
Flores Vs. Las Vegas-clark Cty. Library Dist., 2018 NV 101 (Nev. 2018). “6 (quoting Wis. Stat. §§ 66.0409 ). The rule was challenged, and on appeal, the Wisconsin Supreme Court determined that although the transportation commission was not a city, village, town, or county, it had nevertheless been created by the City of Madison.”
Flores v. Las Vegas-Clark Cnty. Library Dist., 432 P.3d 173 (Nev. 2018). “6 (quoting Wis. Stat. §§ 66.0409 ). The rule was challenged, and on appeal, the Wisconsin Supreme Court determined that although the transportation commission *179 was not a city, village, town, or county, it had nevertheless been created by the City of Madison.”
— Wis. Stat. § 66.0409(2) — 6 cases
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19 (Wis. 2017). “Wis. Stat. § 66.0409 (2).6 We will refer to this statute as the "Local Regulation Statute".”
Town of Avon v. Oliver, 2002 WI App 97 (Wis. Ct. App. 2002). “Oliver argues that a conditional use permit is not required because: (1) Wis. Stat. §§ 66.0409 (2) and 895.527(5) (1999-2000) 1 prohibit local zoning ordinances from regulating sport shooting ranges in place prior to June 18, 1998; and (2) even if the zoning ordinance does…”
Town of Rib Mountain v. Marathon Cnty., 916 N.W.2d 164 (Wis. Ct. App. 2018). “§ 66.0409(2), which provides that no "political subdivision" may "enact or enforce an ordinance or adopt a resolution" regulating the possession, bearing, or transportation of a knife or firearm, if the ordinance or resolution is more stringent than a state statute.”
Wisconsin Carry, Inc. v. City of Madison (Wis. 2017). “Wis. Stat. § 66.0409 (2).6 We will refer to this statute as the "Local Regulation Statute".”
Wisconsin Carry, Inc. v. City of Madison (Wis. 2017). “Wis. Stat. § 66.0409 (2).6 We will refer to this statute as the "Local Regulation Statute".”
— Wis. Stat. § 66.0409(4)(c) — 1 case
Town of Avon v. Oliver, 2002 WI App 97 (Wis. Ct. App. 2002). “Oliver argues that a conditional use permit is not required because: (1) Wis. Stat. §§ 66.0409 (2) and 895.527(5) (1999-2000) 1 prohibit local zoning ordinances from regulating sport shooting ranges in place prior to June 18, 1998; and (2) even if the zoning ordinance does…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.