Firearms

Several states have enacted laws authorizing courts to enter an “extreme risk protection order” (ERPO), sometimes referred to as “red flag” laws. While each state’s legislation differs, ERPO laws generally allow courts to temporarily prohibit a person from possessing a firearm based on a showing that the person constitutes an imminent danger. To date, ERPO laws have largely withstood constitutional challenges on various grounds. In Wisconsin, ERPO legislation has been introduced, but remains a topic of debate.

This information memorandum provides an overview of federal and state laws and regulations related to the purchase, possession, and carrying of firearms, with an emphasis on Wisconsin law. Among other topics, it summarizes state and federal possession laws and background check requirements; provides an overview of certain other laws related to transferring, transporting, and carrying firearms; and concludes with a brief overview of laws related to certain devices that have received attention in the last several years.