How to Sell a Gun in Wisconsin

Map of Wisconsin

Selling a firearm in Wisconsin may seem challenging if you're unfamiliar with state and federal regulations governing such transactions. This guide will help you understand the requirements and procedures for legally selling a gun in the Badger State. Although private sales between unlicensed individuals are allowed, it's crucial to follow specific regulations to ensure a lawful and smooth transaction.

Map of Wisconsin
How to Sell a Gun in Wisconsin
Written by: 
Frank Holder
Published On:
June 13, 2023
Updated On:
May 31, 2023
12
minutes read

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Introduction

Selling a firearm in Wisconsin may seem challenging if you're unfamiliar with state and federal regulations governing such transactions. This guide will help you understand the requirements and procedures for legally selling a gun in the Badger State. Although private sales between unlicensed individuals are allowed, it's crucial to follow specific regulations to ensure a lawful and smooth transaction.

Wisconsin State Laws for Private Sales

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In Wisconsin, private sales of firearms between unlicensed individuals are permitted. However, it's essential to comply with state and federal regulations to ensure a lawful transaction. Both the buyer and seller should understand their responsibilities.

Conducting a Private Sale of a Firearm in Wisconsin

When selling a handgun privately between two non-licensed individuals in Wisconsin, no background check is legally required. However, it's still advisable to consider several essential aspects to ensure a lawful and responsible transaction.

Steps for conducting a private sale:

  • Verify the buyer's eligibility to purchase a firearm
  • Record the transaction details and maintain a bill of sale

Legal text governing private firearm transfers:

Wisconsin Statutes Chapter 175, particularly Section 175.35

Requirements for transferring handguns:

  • The buyer must be at least 21 years old
  • The seller must not knowingly transfer a handgun to a person prohibited from possessing it

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Federal Laws for Private Sales

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Federal laws apply to all firearm sales, including private sales between unlicensed individuals. These laws aim to prevent firearms from being sold to individuals who are prohibited from owning them. Private sellers must be familiar with federal laws to ensure compliance and a smooth transaction.

  • National Firearms Act (NFA): Regulates the sale, transfer, and possession of specific types of firearms, such as machine guns, short-barreled rifles and shotguns, and suppressors
  • Gun Control Act (GCA): Regulates the sale and transfer of firearms across state lines, requires licensed firearms dealers to conduct background checks on potential buyers, and prohibits certain individuals from purchasing firearms

Requirements to Legally Purchase a Firearm in Wisconsin

In Wisconsin, owning a firearm is a constitutional right. However, purchasing a firearm in the state requires adherence to specific federal requirements and procedures to ensure a legal transaction.

Age restrictions for purchasing rifles, shotguns, handguns, and ammunition:

  • A person must be 18 years old to purchase rifles, shotguns, and ammunition
  • A person must be at least 21 years old to purchase handguns

Anyone purchasing a firearm from a licensed firearms dealer in Wisconsin must undergo a National Instant Criminal Background Check System (NICS) check and complete the Bureau of Alcohol, Tobacco & Firearms Form 4473.

FBI's website Firearms Checks (NICS)
ATF"s website form 4473 - Firearms Transaction Record Revisions

Firearm Disqualifications in Wisconsin

Certain circumstances can disqualify an individual from owning or possessing a firearm. Understanding the disqualifications for owning a firearm is essential for both gun owners and those considering purchasing a firearm in the state.

State Disqualification Categories:

In Wisconsin, several categories of disqualifications can prevent an individual from legally owning or possessing a firearm. These categories are outlined in state law and are designed to protect public safety by preventing individuals who pose a risk from obtaining firearms. Understanding these disqualification categories is crucial for both gun owners and those considering purchasing a firearm in the state.

Wisconsin state law prohibitions:

  • Convicted of a felony in Wisconsin or elsewhere
  • Adjudicated delinquent for an act that would be a felony if committed by an adult in Wisconsin
  • Found not guilty of a felony in Wisconsin by reason of mental disease or defect
  • Found not guilty of, or not responsible for, a crime elsewhere that would be a felony in Wisconsin by reason of insanity or mental disease, defect, or illness
  • Disqualification based on court order relating to mental health or addiction
  • Disqualification based on restraining order or injunction

Federal Disqualification Categories:

  • Conviction (felony or misdemeanor) with a maximum imprisonment term exceeding 1 year
  • Warrant (felony or out-of-state misdemeanor)
  • Felony pre-trial release
  • Misdemeanor crimes of domestic violence, restraining/stalking/protection order
  • Mental health adjudication or commitment
  • Unlawful use or addiction to a controlled substance (including marijuana)
  • Dishonorable discharge from the armed forces
  • Renounced U.S. citizenship
  • Illegal alien

Concealed Carry and Open Carry in Wisconsin

In Wisconsin, individuals have the right to carry a concealed or openly displayed firearm with the appropriate permit. Understanding the regulations and requirements for carrying a firearm in Wisconsin is essential for gun owners and those considering carrying a firearm in the state.

Concealed carry permit process:

Wisconsin is a "shall-issue" state for concealed carry permits, which means that if an applicant meets certain requirements, the state must issue a permit

Open carry regulations and restrictions:

Open carry is legal in Wisconsin without a permit, but there are certain restrictions in place, such as not carrying a loaded firearm in a vehicle or within 1,000 feet of a school zone

Penalties for Violating Wisconsin Gun Laws

Understanding the penalties for violating Wisconsin's gun laws is crucial for gun owners and those considering purchasing or possessing a firearm in the state. Violating these laws can result in serious legal consequences:

  • Criminal charges and penalties
  • Fines and imprisonment

Violations of Wisconsin's gun laws can result in criminal charges and penalties, including fines and imprisonment. It is essential to understand the specific penalties that may apply based on the type of violation.

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Tips for Selling Your Hun Safely and Maximizing Its Value

To ensure a secure firearm sale that maximizes potential value, follow these essential steps. 

Firstly, ensure your firearm is in excellent working condition, clean, and well-maintained. Provide a precise description of the gun, including its make, model, caliber, and any accompanying accessories.

Secondly, research the current market value of your firearm by consulting reputable sources, such as gun appraisal guides, online marketplaces, and local gun shops. This will help you set a fair and competitive price.

Thirdly, choose an appropriate sales platform for your firearm. You can opt for online platforms, local classified ads, or consignment through a gun shop. Each method has its advantages and drawbacks; consider factors like fees, ease of sale, and exposure to potential buyers.

Next, prepare a detailed bill of sale, which should include the buyer's and seller's full names, contact information, and addresses, along with a description of the firearm, its serial number, and the transaction date. This document serves as a record of the transaction and may be required for legal purposes.

Picture of a person signing a document

When meeting with potential buyers, prioritize safety by choosing a public location, verifying the buyer's identity and eligibility to purchase a firearm, and conducting the transaction in a responsible manner.

 Photo of a lot of people, walking

Lastly, consider offering a transfer through a licensed firearms dealer, especially if the buyer is a resident of a different state. This will ensure compliance with federal laws and provide the buyer with an additional layer of confidence in the transaction.

By following these guidelines and ensuring compliance with state and federal regulations, you'll not only promote responsible firearm ownership but also successfully sell your firearm in a safe, legal, and efficient manner.

Familiarizing Yourself with Disqualifying Factors for Potential Buyers

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Before proceeding with a firearm sale, acquaint yourself with the disqualifying factors that could prevent potential buyers from obtaining a permit or a Firearm Purchaser Identification Card (FPIC). Such factors include criminal convictions, substance dependency, mental disorder confinement, habitual drunkenness, and providing false information on applications.

Federal disqualification categories encompass convictions with maximum imprisonment terms exceeding one year, active warrants, pre-trial release for a felony charge, misdemeanor domestic violence crimes, restraining/stalking/protection orders, mental health adjudication or commitment, unlawful use or addiction to controlled substances, dishonorable military discharge, renounced U.S. citizenship, and illegal alien status.

By acquainting yourself with these factors and complying with state and federal laws, you contribute to the promotion of responsible firearm sales and a safer community.

Note:

Understanding the gun laws in Wisconsin involves navigating a multitude of state and federal laws. Whether you are a current gun owner, prospective buyer, or simply someone interested in the topic, being knowledgeable about these laws is paramount for ensuring responsible and legal firearm ownership.

General Questions & Answers

Is it legal to sell guns in Wisconsin?

Yes, it is legal to privately sell a gun in Wisconsin.

Can you buy a gun in Wisconsin without a license?

There is no licensing requirement to purchase a firearm in Wisconsin. A purchase made through a licensed dealer will require a background check and identification. 

How much is a handgun permit in Wisconsin?

CCW license renewals cost $22, do not require new or additional training, and will expire five years from the date the new license is issued. New CCW licenses require approved training and a $40 fee.

Can someone from out of state sell a gun in Wisconsin?

Whenever a private individual, not a gun store, sells a firearm across state lines (meaning to a person who resides in another state), a federally licensed firearm dealer must be utilized in the buyer's state of residence to facilitate the transfer.

Do you need a federally-issued ID to buy a gun in Wisconsin?

A valid (or expired eight years or less) photo driver's license or photo identification card issued by Wisconsin or another jurisdiction, except a province of the Dominion of Canada.

What do you need to sell firearms in Wisconsin?

Under Wisconsin law, there is no obligation to conduct a background check for private gun sales. However, it is recommended to retain receipts for gun purchases as evidence of ownership. Obtaining a purchase permit or registering the firearm is not mandatory.

What documents I need to buy a gun in Wisconsin?

To purchase a gun in Wisconsin, you must possess a valid state ID that reflects your current address. This is the sole item required for identification. If the address on your current ID or driver's license is not up-to-date, it's necessary to obtain a new ID from the DMV.

What are the rules for gun ownership in Wisconsin?

Under Wisconsin law, a person under the age of 18 is generally prohibited from possessing or going armed with a firearm, also subject to certain exceptions. As discussed below, a person must be 21 years of age or older to be eligible for a state license to carry a concealed weapon.

Are Wisconsin gun laws strict?

Wisconsin's gun laws are relatively moderate compared to some other U.S. states.

Does Wisconsin have a gun registry?

Wisconsin does not require firearm owners to register their firearms.

How much does it cost to transfer a gun in Wisconsin?

When a private individual, rather than a gun store, sells a firearm to someone residing in another state, the transfer must be facilitated by a federally licensed firearm dealer in the buyer's state of residence. The fees associated with this process can vary depending on the specific FFL (Federal Firearms License) involved.

Does Wisconsin allow private gun sales?

Anyone who can legally own a firearm in Wisconsin can also sell the gun in a private transaction.

Can you gift someone a gun in Wisconsin?

It is legal to purchase a firearm from a licensed firearm retailer that you intend to give as a gift. There's no law that prohibits a gift of a firearm to a relative or friend who lives in your home state.

Who can't own a gun in Wisconsin?

People can't ever possess a firearm in Wisconsin if: They have been convicted of a felony. They are adjudicated delinquent for an act that would be a felony if committed by an adult. They have been found not guilty of a felony by reason of mental disease, defect, or insanity.

COMPLIANCE WITH LAWS AND REGULATIONS

COMPLIANCE WITH LAWS AND REGULATIONS

Cash for Arms adheres to all necessary protocols to ensure compliance with applicable laws and regulations, preventing the sale of firearms to prohibited individuals.

BEST VALUE

BEST VALUE

As experienced and knowledgeable gun buyers, Cash for Arms provides the best market value for your firearm, ensuring you get the best possible price.

FREE TO USE

FREE TO USE

Cash for Arms pays all costs involved in the transaction, making it a hassle-free and cost-effective option for selling your gun.

IMMEDIATE PAYMENT

IMMEDIATE PAYMENT

We pay within 24 hours of receiving your firearms.

MULTIPLE SELLING OPTIONS

MULTIPLE SELLING OPTIONS

Safe and Secure Transaction: Multiple Selling Options: Cash for Arms offers multiple selling options to suit your needs, including selling outright or cash consignment.

SAFE AND SECURE TRANSACTIONS

SAFE AND SECURE TRANSACTIONS

By choosing a reputable buyer like Cash for Arms, you can ensure a safe and secure sale of your firearm, protecting yourself from potential legal complications.

DISCLAIMER

The content presented on this website is intended for informational purposes only. CashForArms.com has made significant efforts in compiling, formulating, and ensuring high-quality information and materials. Nevertheless, we do not affirm or guarantee the complete accuracy, exhaustiveness, appropriateness, or timeliness of the information displayed on or linked to this website. Any reliance upon the information found on this website or through the associated links is done solely at the user’s discretion and risk. The information provided here does not amount to legal advice.  We are not legal professionals specialized in firearm laws, and our content should not be taken as such. Users are fully responsible for adhering to the laws and regulations applicable to their local jurisdiction concerning the buying, selling, and possession of firearms.

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We value your interest in our services. Due to regulatory requirements, we can only accept contact information from individuals 21 years of age or older. However, individuals aged 18 and above are eligible to sell firearms through our platform. If you are between 18 to 21 years old, please exit this pop-up and refrain from providing your phone number. Those under 18 should leave the website. We appreciate your understanding and cooperation in adhering to these guidelines.

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We value your interest in our services. Due to regulatory requirements, we can only accept contact information from individuals 21 years of age or older. However, individuals aged 18 and above are eligible to sell firearms through our platform. If you are between 18 to 21 years old, please exit this pop-up and refrain from providing your phone number. Those under 18 should leave the website. We appreciate your understanding and cooperation in adhering to these guidelines.

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