Carrying a firearm in certain public buildings is a misdemeanor in Wisconsin. Contact Van Severen Law Office at (414) 270-0202 for help.
Section 941.235 of the Wisconsin Statutes prohibits carrying a firearm in a public building. The term “public building” applies only to buildings owned or leased by the state or any political subdivision of the state, such as county courthouses, city halls, or state office buildings. This is a Class A misdemeanor charge, meaning that if you’re convicted you face a maximum penalty of 9 months in jail, $10,000.00 in fines, or both. This charge is not a felony, and a prison sentence is not a possibility. No mandatory minimum penalty applies.
Importantly, this statute does not apply to individuals who possess a valid Wisconsin concealed carry weapon (CCW) permit. The law specifically addresses open carry situations, when a firearm is visibly carried. Certain other locations, such as federal buildings or certain areas within government buildings, may have separate restrictions that prohibit firearms entirely, but those fall under different laws and are not addressed by this statute.
At Van Severen Law Office, S.C., we regularly represent individuals facing criminal charges involving firearms. While this particular charge is a misdemeanor, other firearm-related charges can carry serious penalties and longer-term consequences. If you’ve been charged with carrying a firearm in a public building or any other weapons-related offense, contact our firm for a free initial consultation at (414) 270-0202.
Section 941.235 – Carrying firearm in a public building
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
(2) This section does not apply to any of the following:
(a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). 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.
(c) A qualified out-of-state law enforcement officer …
(d) A former officer …
(e) [Individuals with valid carrying a concealed weapon permits, from Wisconsin or any other state.]
The statute specifically limits its scope to buildings that the state or political subdivisions own or lease, such as municipal buildings, courthouses, and state offices. Separate state or federal laws govern private businesses or other properties that prohibit firearms, not this statute.
The exemptions under subsection (2) carry significant weight. Beyond peace officers and military personnel acting in their official capacity, anyone who holds a valid concealed carry permit from Wisconsin or any other state receives an exemption from this law. This means the statute primarily applies to open carry situations in public buildings where the individual holds no CCW permit.
Wisconsin Criminal Jury Instruction 1337 – Carrying a firearm in a public building
Jury instructions provide critical insight into how Wisconsin courts interpret criminal statutes. Judges read these instructions to jurors during trial. Courts also use them when conducting plea hearings with defendants. Defense attorneys, prosecutors, and the general public rely on them to better understand specific concepts in civil and criminal law.
Wisconsin Criminal Jury Instruction 1337 describes the elements, or parts, of carrying a firearm in a public building. The government bears the burden to prove each of these elements beyond a reasonable doubt. If prosecutors cannot prove all elements, the court cannot find the defendant guilty. The elements are:
Firstly, the defendant went armed with a firearm.
The phrase “went armed” means that a firearm must have been on the defendant’s person or that a firearm must have been within the defendant’s reach. The defendant must have been aware of the presence of the firearm. A firearm is a weapon that acts by the force of gunpowder.
Secondly, the defendant went armed with a firearm in a building owned or leased by the state, or a political subdivision of the state.
The jury instructions reveal an important concept: the defendant must have known that the firearm was on his person. This creates a potential defense in situations where someone carries a firearm in a backpack without knowing it. This scenario occurs more frequently than many people realize. News reports regularly describe individuals who unknowingly possess firearms at airports and other restricted locations.
Carrying a firearm in a public building is a Class A misdemeanor in Wisconsin. State government buildings, like the Wisconsin State Capitol, are all covered by this law. Contact Van Severen Law Office, S.C. at (414) 270-0202 for help.
Will my case proceed to trial?
While we provide our opinion on trial strategy, possible defenses, and other issues, this decision belongs to you alone. In situations like those we described above (where someone mistakenly leaves a firearm in a backpack), trial could offer the best route through a criminal case. If the prosecutor doesn’t believe you made a mistake and refuses to dismiss or reduce charges to a point where you feel comfortable accepting them, defendants frequently choose trial.
Our criminal defense lawyers have fought for hundreds of individuals in that exact position. We have won many firearm cases and don’t view trial as automatically a negative outcome. Defendants choose jury trial for various reasons. You don’t need to have forgotten a firearm in your bag to take your case to trial. Whether you dispute the facts, challenge whether prosecutors can prove the elements beyond a reasonable doubt, or believe the charges unjustly target you, trial remains a viable option. We stand ready to defend you at every stage of the criminal process.
Contact Van Severen Law Office, S.C. for help (414) 270-0202
Whenever you face even the possibility of criminal charges, we strongly recommend hiring a criminal defense attorney. Some clients move slowly and hope that the government decides not to pursue charges or assumes the suspect means no harm and looks the other way. As criminal defense lawyers, we have watched this hopeful assumption backfire many times. Unfortunately, prosecutors often prioritize filing charges over understanding the person involved and the complete situation.
Our defense attorneys deliver the best results when you involve us at an early stage. We gather evidence with the help of investigators. We build a case demonstrating your good character. In some situations, we can convince police not to refer criminal charges or persuade prosecutors not to file formal charges. Even if the state files a case, having experienced legal representation on your side makes an important difference in any criminal matter.
Contact Van Severen Law Office, S.C. immediately to schedule a free consultation with one of our attorneys. We answer calls 24/7 at (414) 270-0202. Don’t wait. Early intervention in carrying a firearm in a public building cases can significantly impact the outcome of your case.
