Use-of-force in Wisconsin
Statutes and Advice

Safe Firearm Ownership Practices

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• Secure your weapon away from children and other unauthorized persons. Weapons should never be left unattended unless properly secured.

• Obtain training in firearm use. Merely possessing a firearm doesn’t make you a safe or accurate shooter, in the same way that owning a piano doesn’t make you a musician. Your safety—and the safety of those around you—demands that you can operate your weapon competently. 

• Handle weapons only while sober. Never handle weapons after consumption of alcohol or controlled substance. This is also illegal in many cases.

• Some over-the-counter and prescription drugs can also affect your ability to safely handle a firearm. 

• Always remember that firearms are lethal devices. A momentary lapse in concentration or attentiveness can have fatal results. Whenever you handle a firearm, give it your full care and attention—your safety and the safety of others depends on it.

 

Travel Considerations

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• You should plan how to maintain control over your handgun when you travel. For example, you might go to a business and learn it prohibits carry of concealed weapons. Without previous planning, it will be difficult or impossible to complete your travels while maintaining secure control over your weapon.

• While it may be legal to leave your handgun in your vehicle, locked vehicles are not very secure. The chance of a “smash-and-grab” theft increases when you are observed leaving valuables or a gun in a car. Plan ahead so you will not leave a gun in your vehicle. Routinely storing a gun in your vehicle is discouraged. Although a gun in the glove box might make you feel safer, it may not accomplish much. 

• Even locked vehicles can have valuables stolen via “smash-and-grabs.” If you must leave a gun behind temporarily, use a safe or lock-box that is cabled to a seat post or bolted to the vehicle frame. This may discourage theft and may impede unauthorized access to the weapon.

 

Avoid Unsafe Areas Whenever Possible

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• Whenever possible, completely avoid situations or events that are frequent precursors to violence. You’re much safer when you avoid people with impaired judgment and avoid locations with routine or predictable violence. 

• If you plan to go somewhere so unsafe that you want to take a gun, think about if it is necessary to go there at all, even if you are armed. It’s foolish to intentionally place yourself in a situation where you might have to shoot someone. 

• Be aware of your surroundings In your everyday activities, be mentally awake and aware of your surroundings. If you are “switched on” you are much more likely to successfully recognize, avoid, and if necessary, confront danger. Sufficient awareness may allow you to recognize potential danger in time to avoid it. Trust your intuition. If you sense that a situation is uncomfortable or potentially dangerous, leave.

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Avoid and De-escalate Confrontations

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• As a license holder, never act in ways that could escalate to a deadly encounter. 

• If your behavior could be seen as having provoked the event, you could lose your ability to argue it was legal self defense.

• If you become involved in a confrontation, attempt to de-escalate the situation. Avoid engaging in a power struggle, and remember that arguing with an enraged person is seldom successful. Instead, try to avoid becoming emotionally involved. 

• Maintain or increase your distance from the other person while speaking in a slow, firm, respectful, and controlled voice. If it is safe to leave, do so immediately.

• If you are unable to escape the situation, maximize your distance and attempt to reduce the other person’s anger over a period of time, and avoid reacting to inflammatory insults. If you find yourself in a conflict, do everything possible to de-escalate the situation. 

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Licenses and Identification

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• A Wisconsin concealed carry license allows you to carry a handgun, electric weapon, or billy club. It does not permit carry of a machine gun, rifle, or shotgun. 

• A license is not required to carry a concealed knife. 

• When you are carrying a concealed weapon you must carry your concealed carry license and current and valid photo identification (your unexpired Wisconsin driver’s license or Wisconsin identification card).

• You are not required to carry your concealed carry license or photo identification in your home, place of business, or on land you lease or legally occupy. 

• You must show your concealed carry license and your photo identification to a law enforcement officer upon the officer’s request when the officer is acting in official capacity.

• If you fail to carry or display your license and photo identification, you may be cited.

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Weapons in Vehicles Concealed

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• Carry license holders may carry a loaded, concealed handgun in a vehicle. Rifles and shotguns have different legal requirements. 

• Although 2011 WI Act 51 removed the requirement that rifles and shotguns be “encased,” it is still illegal to conceal a long-gun in a vehicle. A firearm within reach on a seat is concealed. 

• Rifles and shotguns in a vehicle must be unloaded, and must be readily visible from outside the vehicle or be out of reach of the driver and passengers. 

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Wisconsin Statute § 948.55 (Leaving or storing a loaded firearm within the reach or easy access of a child)

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Safe storage of firearms at home regulations state that leaving or storing a loaded firearm within the reach or easy access of a child could be a crime. If you have children, frequently reevaluate your plan as your children age. A ten-year-old with a screwdriver might easily defeat a plan that could protect a two year-old. Even if you don’t have children, ensure your safety plan protects all visitors to your home.​

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(1) In this section, “child" means a person who has not attained the age of 14 years.

(2) Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class A misdemeanor if all of the following occur:

(a) A child obtains the firearm without the lawful permission of his or her parent or guardian or the person having charge of the child.

(b) The child under par. (a) discharges the firearm and the discharge causes bodily harm or death to himself, herself or another.

(3) Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class C misdemeanor if all of the following occur:

(a) A child obtains the firearm without the lawful permission of his or her parent or guardian or the person having charge of the child.

(b) The child under par. (a) possesses or exhibits the firearm in a public place or in violation of s. 941.20.

(4) Subsections (2) and (3) do not apply under any of the following circumstances:

(a) The firearm is stored or left in a securely locked box or container or in a location that a reasonable person would believe to be secure.

(b) The firearm is securely locked with a trigger lock.

(c) The firearm is left on the person's body or in such proximity to the person's body that he or she could retrieve it as easily and quickly as if carried on his or her body.

(d) The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during or incidental to the performance of the person's duties. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

(e) The child obtains the firearm as a result of an illegal entry by any person.

(f) The child gains access to a loaded firearm and uses it in the lawful exercise of a privilege under s. 939.48.

(g) The person who stores or leaves a loaded firearm reasonably believes that a child is not likely to be present where the firearm is stored or left.

(h) The firearm is rendered inoperable by the removal of an essential component of the firing mechanism such as the bolt in a breech-loading firearm.

(5) Subsection (2) does not apply if the bodily harm or death resulted from an accident that occurs while the child is using the firearm in accordance with s. 29.304 or 948.60 (3). ​​​

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Wisconsin Statute § 939.48 (Self defense and the defense of others)

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States that you cannot use deadly force unless you reasonably believe that such force is necessary to prevent imminent death or great bodily harm to yourself, or in specific circumstances, to someone else.

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• Deadly force. The first element of the statute is “deadly force.” You are using “deadly force” every time you shoot at someone. Bullets can maim or kill. Gunshot wounds are not minor ‘remote-control punch’ injuries, like sometimes portrayed in TV or movies. Even if you could guarantee your bullet would strike the assailant’s arm or leg—a virtual impossibility—that bullet could still cause death. Shooting someone is always the use of deadly force.

• Reasonable belief. You must “reasonably believe,” which means a person of average intelligence in the same situation could be expected to believe the same thing when faced with the same situation. Your belief must be objectively reasonable. For example, a person could have a sincere subjective belief that anyone wearing red pants is a deadly threat, but that belief is not objectively reasonable. 

  • A belief can be reasonable even if it is mistaken. For example, if someone points a gun at you it would be reasonable for you to believe your life was in imminent danger. If the gun was later found to be unloaded, your belief would have been mistaken but still would have been “reasonable.”

• Death or great bodily harm. There must be an “imminent threat of death or great bodily harm.” "Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

  • Great bodily harm is the most serious injury possible without causing death. Great bodily harm is more serious than “substantial bodily harm,” which is “bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.”

  • If you are not in danger of death or great bodily harm, you are not justified in using deadly force. 

• Imminent Threat. The threat of death or great bodily harm must be “imminent.” Imminent means the threat of death or great bodily harm must be “imminent.” Imminent means “about to happen.” In order for the danger to be imminent, the subject’s threat must meet all three of these criteria: 

  • Intent is an indication that the subject intends to cause great bodily harm or death. Intent might be shown by acts, such as pointing a weapon at you or rushing at you with a knife, or may be verbal, such as stating they are going to kill you. 

  • Weapon means that the person has a conventional or unconventional weapon capable of inflicting death or great bodily harm. Guns and knives are examples of conventional weapons. Unconventional weapons such as baseball bats, chains, bricks, and broken bottles can also cause death. Some people can inflict death or great bodily harm with their hands or feet. For example, repeated kicks to the head are certainly capable of maiming or killing.

  • Delivery System means that the person has the ability to use the weapon to harm you. Conversely, a person with a knife 50 yards away on the other side of a high fence does not have the ability to use the weapon against you.

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Preclusion Necessary

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• You must reasonably believe that deadly force is necessary before you can use it. This means that even when a person has the intent, weapon, and delivery system to put you under imminent threat of death or great bodily harm, you can only use deadly force if no other reasonable option is available. 

• You may not have the time or ability to do anything else except shoot, and you are not expected to make unreasonable or ineffective attempts to stop the assault before shooting. For example, a person being shot or stabbed cannot be expected to try using pepper spray before employing deadly force. Still, deadly force should only be used as a last resort. 

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Castle Doctrine

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• Under certain conditions, use of deadly force may be presumed lawful when someone forcibly enters your home, business, or vehicle while you are present.

• However, you must still follow all firearm safety rules, including rule four—be certain of your target and what's beyond. 

• Regardless of the castle doctrine, you must satisfy the target requirements shown below.

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Target Requirements. If you are under imminent threat of death or great bodily harm and have no other reasonable choice than to shoot, you still must meet three target requirements:

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• Target acquisition. You must have a target. Firing your gun indiscriminately is not acceptable—you must have a specific target.

• Target identification. You must identify your intended target as the source of the threat. Just because you have acquired a target doesn’t mean that it is the correct target.

• Target isolation. You must be able to shoot without recklessly endangering innocent bystanders. You must stop shooting when you recognize the threat of death or great bodily harm has passed. For example, if your assailant runs away and no longer poses a threat, you must stop shooting. Chasing after your assailant is not recommended.

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Post-Incident Actions

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• If you use your handgun to defend yourself—whether or not shots were fired— immediately report the incident to law enforcement. You might call, or have a friend or family member call and explain that they are reporting it for you. State whether there was a shooting or if you are holding someone at bay. 

• Describe your clothing and where your gun is now. If anyone was injured, request an ambulance.

• If your assailant fled, give a description of the suspect, any involved vehicle and license plate, and the last known direction of travel.

• If you shot your attacker, decide whether it is safe to approach before rendering first aid.*

• Your best course of action may be to summon law enforcement to stabilize the scene so medical professionals can begin to attend to the suspect.*

• When law enforcement officers arrive, avoid meeting them while visibly armed. If you are with a friend or family member, consider having that person guide law enforcement officers to your location. If possible, holster your firearm or set the gun down before officers arrive. Officers may not know you are the “good guy” and you do not want to be mistaken for a suspect with a gun. 

• Responding officers do not have the benefit of knowing what happened before they arrived—they must focus on stopping any ongoing violence and preventing further bloodshed. Until officers sort out who is who, anyone with a gun is a potential threat. 

• Even if you are the person who called, officers will stabilize the event by disarming everyone until the situation is fully understood.  You should expect to be handcuffed, and expect your weapon to be seized.

• Some companies sell “concealed carry badges.” Badges may expose you to charges of “impersonating a peace officer” and do not change the procedures shown here. 

• Never turn towards officers with a gun in your hand. Immediately comply with all instructions given to you by responding law enforcement officers. 

• Law enforcement will conduct an investigation to determine what happened. When possible, point out any witnesses that saw the attack, and any evidence that would help show what happened.

• You will be asked to provide a statement. Law enforcement cannot just assume your actions were appropriate—you will have to justify your acts. You can assist the investigation by providing a clear, coherent statement explaining what you saw, what your assailant did, and why you acted as you did. Basically state the justification for the use of deadly force. 

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*These are recommendations from the state's DOJ CCW class. If the scene isn’t safe it may be best to go somewhere safe and call the police. 

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Wisconsin Statute § 939.49 (Defense of property)

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• Wisconsin statute § 939.49 states people have a right to use reasonable force to defend their belongings, but deadly force is not reasonable solely for defense of property. 

• Wisconsin places the sanctity of human life above anyone’s belongings. These examples illustrate the difference between self-defense and defense of property: 

  • A robber points a handgun at you and demands your wallet. Because the robber is imminently threatening you with death, you might shoot to protect your life. You would not be shooting solely to defend your wallet.

  • You look outside and see someone trying to steal your car. You order him to stop but the suspect starts the engine. You would not be justified in shooting, as you are not in danger and would solely be preventing the theft of property. 

• License holders should consider the potential ramifications of becoming involved in defense of property. Is the property worth the potential risk you might assume trying to stop its theft? When might it be better to call law enforcement rather than becoming directly involved? 

 

WISconsin STATute § 895.62 895.62 (Use of force in response to unlawful and forcible entry into a dwelling, motor vehicle, or place of business; civil liability immunity.)

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(1) In this section:

(a) "Actor" means a person who uses force that is intended or likely to cause death or great bodily harm to another person.

(b) "Dwelling" has the meaning given in s. 895.07(1)(h).

(c) "Place of business" means a business that the actor owns or operates. 

(2) Except as provided in sub. (4), an actor is immune from civil liability arising out of his or her use of force that is intended or likely to cause death or great bodily harm if the actor reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and either of the following applies:

(a) The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was on his or her property or present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that an unlawful and forcible entry was occurring.

(b) The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business. 

(3) If sub. (2)(a) or (b) applies, the finder of fact may not consider whether the actor had an opportunity to flee or retreat before he or she used force and the actor is presumed to have reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person. 

(4) The presumption described in sub. (3) does not apply if any of the following are true:

(a) The actor was engaged in a criminal activity or was using his or her dwelling, motor vehicle, or place of business to further a criminal activity at the time he or she used the force described in sub. (2).

(b) The person against whom the force was used was a public safety worker, as defined in s. 941.375(1)(b), who entered or attempted to enter the actor's dwelling, motor vehicle, or place of business in the performance of his or her official duties. This paragraph applies only if at least one of the following applies: 1. The public safety worker identified himself or herself to the actor before the force described in sub. (2) was used by the actor. 2. The actor knew or reasonably should have known that the person entering or attempting to enter his or her dwelling, motor vehicle, or place of business was a public safety worker.

 (5) In any civil action, if a court finds that a person is immune from civil liability under sub. (2), the court shall award the person reasonable attorney fees, costs, compensation for loss of income, and other costs of the litigation reasonably incurred by the person. 

(6) Nothing in this section may be construed to limit or impair any defense to civil or criminal liability otherwise available.

 

Wisconsin Statute § 941.20 (Endangering safety by use of dangerous weapon)

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(1) Whoever does any of the following is guilty of a Class A misdemeanor:

(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon.

(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant.

(bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. 

(c) Except as provided in sub. (1m), intentionally points a firearm at or toward another.

(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. “Building" as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit.

(1m) 

(a) In this subsection:

1. “Ambulance" has the meaning given in s. 256.01 (1t).

1t. “Emergency medical responder" has the meaning given in s. 256.01 (4p).

2. “Emergency medical services practitioner" has the meaning given in s. 256.01 (5).

(b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden is guilty of a Class H felony.

(2) Whoever does any of the following is guilty of a Class G felony:

(a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or

(b) Sets a spring gun.

(3) 

(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class F felony:

1. The person discharges the firearm at or toward another.

2. The person discharges the firearm at or toward any building or other vehicle.