Quick Legal Facts
Statewide Preemption:
Yes, effective February 2016.
Concealed Carry:
Not a problem.
Minors:
Possession of dangerous weapons, or transfer of the same to a minor, is prohibited.
Schools:
Possession of dangerous weapons, other than firearms, on school premises is prohibited.
Critical Dimensions:
None noted.
In February of 2016, Wisconsin liberalized its laws pertaining to knives, concealed carry, and statewide preemption of local ordinances.
Wisconsin removed switchblade knives from the definition of “weapon,” which is limited to handguns, electric weapons, and billy clubs. AB 142, Act 149, Section 5. The definition of “weapon” does not contain any restriction on the dimensions of a knife, blade design, or the mechanism for opening a folding knife. Also, knives are excluded from the definition “dangerous weapon”.
Moreover, Wisconsin law allows a person to carry a concealed knife and other weapon:
Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section 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.
AB 142, Act 149, Section 11. However, a person who is prohibited from possessing a firearm in Wisconsin is also prohibited from carrying a concealed knife. AB 142, Act 149, Section 9.
With regard to state preemption of local regulations, political subdivisions are prohibited from enacting or enforcing an ordinance regulating the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute. AB 142, Act 149, Section 2. Also, Wisconsin law protects persons engaged in the act of openly carrying or concealing from restrictive local regulations:
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.
AB 142, Act 149, Section 4.
Despite state preemption, local governments are free to prohibit possession of knives in a building, or part of a building, that is owned, occupied, or controlled by the political subdivision. AB 142, Act 149, Section 4. It is important to note that the Legislature chose the word “building” rather than the broader term “real estate,” which shields knife owners who patronize parks and recreational areas from local ordinances. Also, while knives are now excluded from the definition of dangerous weapon, the Wisconsin statute did not amend the law that prohibits dangerous weapons on school property.
Minors:
Possession of dangerous weapons, or transfer of the same to a minor, is prohibited under Wisconsin law. W.S.A. 948.60.
Schools:
Possession of dangerous weapons, other than firearms, on school premises is prohibited. W.S.A. 948.60.
Critical Dimensions:
None noted.
Concealment:
Not a problem.
Statewide Preemption:
Yes, effective February 2016
See Also:
State v. Hermann
2015 WI App 97 (Decided November 24, 2015)
A Wisconsin law that bans switchblades even in self-defense at home violates the 2nd Amendment.