Unformatted text preview: (2) after an authorized government official has conducted a background
investigation to verify that possession of a firearm would not be unlawful.13 Permits
issued after November 30, 1998 qualify as exempt only if the approval process included a
NICS check.14 This exemption could allow some prohibited persons to acquire firearms,
in cases where a state permit holder falls into a prohibited category after issuance of the
state permit. Under the federal exemption, no background check is required and the
seller would have no way to learn that the prospective purchaser is prohibited from
SUMMARY OF STATE CCW LAWS
Concealed Carry Prohibited
Wisconsin15 720 Ill. Comp. Stat. 5/24-1(a)(10), 5/24-1(a)(4)
Wis. Stat. § 941.23 12 18 U.S.C. § 926C(c).
18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d).
27 C.F.R. § 478.102(d).
The Wisconsin Supreme Court has held that the state constitutional right to “keep and bear arms” for personal
security under Art. I, § 25 of the Wisconsin Constitution, when exercised within an individual’s own home or
place of business, and supported by a factual determination that the individual had no unlawful purpose behind
13 205 © Legal Community Against Violence 2008 Concealed Carry Allowed
Most states allow the carrying of concealed weapons by persons who obtain a permit.
States that issue CCW permits are generally categorized as either “shall issue” or “may
issue” states. In “shall issue” states, law enforcement officials are required to issue a
permit to anyone who meets certain minimal statutory requirements (e.g., that the person
is not a convicted felon or mentally incompetent). Once a permit has been issued, the
permit holder is allowed to carry a loaded, concealed firearm in public places, although a
number of states prohibit concealed weapons in government buildings and other specified
locations. “May issue” states give discretion to the issuing official to grant or deny the
permit, based on various statutory factors. Only two states allow the carrying of
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