Gun Rights and Responsibilities: Can You Open Carry a Pistol at 18 in Wisconsin?

Wisconsin's gun laws have sparked a lot of debate, especially regarding the legal age for open carry and handgun ownership. This article explores the nuances of these regulations and the reasons behind them.

Legal Age for Gun Ownership and Carry in Wisconsin

The legal landscape in Wisconsin affecting gun ownership and open carry is complex, shifting over the years due to various societal and political factors. Up until recently, the law permitted individuals aged 18 and older to open carry a firearm without federal or state prohibitions. However, as of 2021, the state raised the minimum age to 21 for both owning and carrying handguns.

Legislative Background

Before 2021, the law allowed certain 18-20 year-olds to open carry under specific conditions, which opened the door to incidents like that of Kyle Rittenhouse. His case, where he used an AR-15 assault rifle to shoot several individuals during a 2020 protest in Kenosha, WI, generated significant legal scrutiny. While Wisconsin Statute 941.23(1)(c) permits open carry for individuals 18 and older, the recent changes aim to address the potential for hasty and irresponsible actions by younger individuals.

Current Law and Exceptions

Handgun Ownership and Carry: Wisconsin requires you to be 21 years old to own and carry a handgun without a federal or state prohibition on the possession of firearms. Open Carry: Under Wisconsin law, an individual over the age of 16 is allowed to legally carry and use a firearm such as a long gun rifle or shotgun, provided they are not under a legal prohibition and have a lawful reason for carrying. However, for individuals under 18 years old, owning or carrying a dangerous weapon is a Class A misdemeanor. There are four exceptions to this: Target Practice: Engaging in target practice under the supervision of an adult does not constitute a violation. Military or Law Enforcement Personnel: Individuals under 18 who are members of the armed forces or police can carry a weapon under certain circumstances, including when on duty. Hunting: Individuals under 18 who are either hunting with an adult or have passed a hunter safety course are also exempted. Long Gun Possession: Minors aged 16 or older who possess or carry a rifle with a barrel length of 16 inches or longer or a shotgun with a barrel length of 18 inches or longer are exempted from the general prohibition against dangerous weapons.

Legal Consequences and Public Safety Concerns

While Wisconsin's current gun laws aim to provide a balanced approach, they are deeply rooted in public safety concerns. The recent incidents involving young individuals using firearms have prompted lawmakers to reconsider the legal framework. The argument is that younger individuals may lack the judgment and experience necessary to handle firearms responsibly, potentially leading to tragic outcomes.

Conclusion

Wisconsin's gun laws have evolved to reflect changing societal norms and public safety concerns. As of now, the state requires 21 as the minimum age for both owning and carrying handguns, with specific exceptions for target practice, military/personnel, hunting, and long gun possession by minors. The legal challenges surrounding open carry and firearms demonstrate the ongoing debate over gun rights and responsibilities in the United States.

For individuals considering owning or carrying a firearm, it is crucial to familiarize themselves with the latest laws and regulations in their state. Additionally, enrolling in a gun safety course is highly recommended to ensure responsible and safe firearm handling.