Understanding Your Knife Rights in Wisconsin: A Legal Guide

Understanding Your Knife Rights in Wisconsin A Legal Guide

Wisconsin has some of the most permissive knife laws in the United States, but there are important exceptions and restrictions you should know. Here’s a comprehensive guide to your rights and responsibilities when it comes to carrying, possessing, and using knives in Wisconsin.

General Knife Rights in Wisconsin

  • No Restrictions on Knife Type or Blade Length: Wisconsin law does not prohibit the possession or carry of any specific type of knife, nor does it impose restrictions based on blade length. This includes switchblades, butterfly knives, automatic knives, and concealed knives.
  • Open and Concealed Carry Permitted: Most adults may legally carry knives openly or concealed without fear of violating state law. The previous ban on concealed carry of certain knives was repealed in 2016.

Statewide Preemption

  • Uniform State Law: Wisconsin’s preemption law (Wis. Stat. § 66.0409) prevents local governments from enacting knife ordinances stricter than state law. This means you do not need to worry about differing knife laws from city to city within Wisconsin.

Key Restrictions and Exceptions

1. Schools and Government Buildings

  • It is illegal to possess knives on K-12 school property, including buildings, grounds, and vehicles, as well as in certain government facilities.
  • Violating these restrictions can result in severe penalties, including felony charges.

2. Minors

  • It is unlawful to transfer a “dangerous weapon” (which may include certain knives) to anyone under 18 years old.

3. Felons and Prohibited Persons

  • Individuals prohibited from possessing firearms (such as convicted felons or those subject to restraining orders) cannot legally carry a concealed knife that qualifies as a “dangerous weapon.” The law defines a dangerous weapon as any device designed as a weapon and capable of producing death or great bodily harm, or any device likely to produce such harm in the way it is used or intended to be used.
  • For these individuals, violating this law is a Class A misdemeanor, punishable by up to 9 months in jail and/or a $10,000 fine.

4. Use as a Weapon

  • Using any knife as a weapon in a threatening or unlawful manner can result in criminal charges, regardless of the knife’s type or your eligibility to carry it.

Frequently Asked Questions

Can I carry a switchblade or butterfly knife?

Yes. All types of knives, including switchblades and butterfly knives, are legal to possess and carry in Wisconsin.

Is there a blade length limit?

No. There are no state-imposed blade length restrictions.

Can local governments create their own knife laws?

No. State law preempts local ordinances, so knife laws are uniform across Wisconsin.

Are there places I cannot bring a knife?

Yes. Knives are banned on school property and may be restricted in certain government buildings.

What if I have a felony record?

If you are prohibited from possessing firearms, you may not carry a concealed knife that is a “dangerous weapon.” The definition is broad and open to interpretation, so caution is advised.

Summary Table: Wisconsin Knife Laws

Issue Legal Status for Most Adults Exceptions/Notes
Open carry Legal Not on school property or certain government sites
Concealed carry Legal Not for felons/prohibited persons if “dangerous weapon”
Switchblades/butterfly knives Legal No restrictions
Blade length No restriction N/A
Local ordinances Preempted by state law Uniform law statewide
Minors Restricted No transfer of “dangerous weapon” to minors

Wisconsin offers broad rights for knife owners, allowing the open and concealed carry of virtually any type of knife, with no blade length limits.

However, knives are strictly prohibited on school grounds, and people with felony records or certain legal restrictions face additional limitations. Always use knives responsibly and be mindful of specific location-based prohibitions to stay within the law.

Sources:

  1. https://www.akti.org/state-knife-laws/wisconsin/
  2. https://ravencresttactical.com/wisconsin-knife-laws/
  3. https://www.grievelaw.com/WisconsinGun/Concealed/Knife
  4. https://milwaukee-criminal-lawyer.com/wisconsin-knife-laws-2023/