Earlier this year, Wisconsin legislators began holding public hearings on Wisconsin Assembly Bill 609. This bill, sponsored by State Rep. Chanz J. Green and a number of other state lawmakers, proposes to make changes to Wisconsin’s concealed carry laws by eliminating the need for a permit to carry a weapon concealed.
Matthew Kline, Ohio State 2021, is an assistant attorney general with the Ohio Attorney General’s Office in Columbus, Ohio.
Concealed carry is a requirement that any individual going armed with a weapon that is hidden from plain view on their person must have proper licensure.
This legislation is not the first time Wisconsin legislators have attempted to change the state’s concealed carry laws. But it does follow an increasing trend of states successfully implementing the alternative of permitless carry, which is the standard that allows individuals free rein to carry a concealed weapon on their person without a license.
Current Governing Statute
The rules governing concealed carry in Wisconsin can be found in Wis. Stat. section 941.23. Under this statute, any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. “Armed” in this circumstance means the weapon is on the person within reach, the person is aware of the weapon’s placement, and the weapon is hidden.[1]
Due to the large number of weapons offenses that have gone through the Wisconsin court system over the years, courts have been able to sharpen the parameters imposed by this statute. Particularly, the courts have outlined the statute and how it applies to an individual transporting a firearm in their vehicle.
A court noted that a firearm located in the passenger seat of a vehicle was technically concealed, as it was within arm’s length of the person and below the window line making it unobservable to another individual.[2] Another court issued a decision that a person could be found guilty under the statute if they have a gun stored in the glove compartment, as that was also still within reach and concealed.[3] This largely leaves a person not in possession of a concealed carry permit to legally only store a firearm on the dashboard or the trunk of their vehicle.
If Wisconsin AB 609 were to be passed and signed into law, the permit requirements in Wis. Stat. section941.23 would be rendered void. In addition to removing the permit requirement, Wisconsin AB 609’s changes to the current concealed carry laws would include:
- creating a uniform penalty for carrying in restricted places regardless of licensure;
- expanded list of restricted areas for firearms;
- changes to hunting distance regulations;
- removal of restrictions of loaded long guns in vehicles; and
- clarification for employers to restrict firearm access of individuals while at their place of employment.[4]
A Reason for Change?
People have reason to fear the consequences of a carrying a concealed weapon charge. In addition to the possible jail time, a concealed carry conviction is a Class A misdemeanor, and can have a serious effect on a person.
A gun crime conviction can lead to a loss of employment, thousands of dollars in fines, and a weapons charge on your record. These penalties can be seen as incredibly harsh given the fact that many people are unaware of the definition of “concealed” when it comes to transporting a firearm in a vehicle or their handbag. As a result, many individuals who previously had clean records are then forced to go through the criminal justice system based on a simple mistake of placing their firearm in an unfortunate spot.
Gun rights advocates forcefully argue for a change to permitless carry, arguing from a constitutional perspective. Specifically, its supporters argue permitless carry legislation restores rights already guaranteed under the Second Amendment and removes unneccessary regulatory barriers associated with ownership of a firearm.[5]
Not everyone is clamoring for change on the topic of concealed carry. Since these laws first began being proposed, many have raised concerns that the easier access to firearms puts more people at risk of gun violence. During a previous gun rights legislation debate a few years ago, Jeri Bonovia, executive director of the gun safety group Wisconsin Anti-Violence Effort Educational Fund, noted that permitless carry legislation “puts our citizens at higher risk.” Bonovia, in conjunction with the Center for American Progress, conducted a study of gun violence in Wisconsin since concealed carry was enacted in Wisconsin in 2011. The study showed that since 2011 that both the gun homicide rate and gun-related aggravated assault cases increased across the state.[6]
Following National Trends
Wisconsin AB 609 is not the first time Wisconsin state legislators have attempted to change Wisconsin’s concealed carry laws.
As recently as 2022, Wisconsin state legislators attempted to pass bills that would have altered the parameters of the statute to allow concealed carrying of weapons on school grounds and places of worship. These bills were later vetoed by Gov. Tony Evers and did not become law.[7] This hasn’t stopped the proponents of Wisconsin AB 609, the latest iteration of permitless carry reform legislation, from pressing onward.
The concealed carry debate in Wisconsin follows the wider trend that has been ongoing across the country. Permitless carry for nonfelons age 21 and above is now the law in 29 states across the U.S.[8] Interestingly though, the only state out of those 29 that borders Wisconsin with permitless carry is Iowa. Many of these states passed their permitless carry laws in the last couple of years, including North Dakota (2023), Florida (2023), and Louisiana (2024). In addition to these statewide pushes for permitless carry, there have been national bills proposed as well, with Sen. Mike Lee, R-Utah, proposing one such bill just this year.[9]
In my home state of Ohio, there has also been a longstanding debate regarding concealed carry laws. Like Wisconsin, there was a strong surge of support for permitless carry in the state, which led to the passage of Ohio Senate Bill 215 after previous legislative attempts failed.[10] This bill overturned Ohio’s previous concealed carry laws and legalized permitless concealed carry in June 2022, and serves as a useful mirror to Wisconsin AB 609. Proponents of the Ohio bill noted that it protected individuals’ constitutional rights and eliminated the fees and time associated with going through the permit process. Meanwhile its detractors, particularly law enforcement, noted that it would lead to more guns on the street in the hands of people without any training and make it harder for law enforcement to screen for illegal firearms.
To gain greater insight of the consequences of the legislation in Ohio, Bowling Green State University and the Ohio Attorney General’s Office conducted a study nearly two years after the passage of Ohio SB 215.[11] The study found that the state’s eight largest cities did not see an increase in gun crimes in the year after passage of Ohio SB 215.
Conclusion
There is not an easy solution to resolving this debate on concealed carry. The national trend appears to favor the backers of Wisconsin AB 609, as the majority of states now have permitless carry. With the previous legislative attempts to overturn concealed carry being vetoed by Gov. Evers, much of the future success will depend on the results of the upcoming 2026 midterm elections.
Ultimately, there is some legitimacy that the current statute interferes with personal rights of gun owners. Consequences for violation of the statute are severe, oftentimes for mundane mistakes such as improper storage of a weapon. At the same time, an easier access to firearms can contribute to an uptick of gun-related violence and death.
It is up to legislators to responsibly thread this debate and come to a resolution that fixes problems with the current law while also not exacerbating other issues.
Note: The views expressed in this article are the author’s own and do not reflect the views of the State Bar of Wisconsin or any other legal entity or office.
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Endnotes
[1]
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
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[2]
State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).
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[3]
State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986).
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[4] Luke McCoy, “Wisconsin Bill Would Eliminate the Need for Concealed Carry Permits Statewide,”
USA Carry, Jan. 29, 2026.
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[5]
Id.
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[6] Matt Vasilogambros, “No Permit, No Problem: More States Allow Residents to Carry a Hidden Gun,”
Stateline, Dec. 6, 2021.
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[7] Shawn Johnson, “Gov. Tony Evers vetoes GOP election, gun bills,” Wisconsin Public Radio, April 8, 2022.
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[8]
Constitutional and Permitless Carry State Laws, United States Concealed Carry Association.
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[9] Alex Miller, “Mike Lee Unveils National Constitutional Carry Bill to Override Hostile State Gun Laws,” Fox News, March 5, 2026.
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[10] Parker Perry and Jim Gaines, “Ohio’s New Concealed Carry Law Takes Effect: What to Know,” Governing, June 13, 2022.
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[11] Morgan Trau, “New study claims permitless carry didn’t increase Ohio gun violence, but police argue against it,”
Ohio Capital Journal, Jan. 4, 2024.
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