Last week we asked for your questions about immigration enforcement in Wisconsin, particularly as thousands of federal immigration agents patrol Minnesota’s Twin Cities, conducting door-to-door searches for immigrants and clashing daily with protesters and observers.
One reader reached out for information about Wisconsin’s firearms laws, citing the example of armed civilians at anti-ICE protests in Minnesota. The question preceded the Jan. 24 killing of Alex Pretti by a U.S. Customs and Border Patrol (CBP) officer in Minneapolis — a shooting that escalated tensions in Minnesota, sparked national protests and reignited questions about unchecked federal power.
The episode also renewed a national conversation about the implications of exercising Second Amendment rights during protests and interactions with law enforcement. Pretti, a 37-year-old nurse at Minneapolis’ Veterans Affairs hospital, held a concealed carry permit for the handgun he carried that day. Video of the incident shows a CBP officer confiscating the handgun shortly before another agent shot Pretti multiple times, killing him.
Here’s the reader’s question and our answer below:
I would like to know more about open carry in Wisconsin. I know Wisconsin has more permissive open carry laws compared to Minnesota. But, I know there are some restrictions as to locations as well.
Wisconsin law is, at least on the surface, fairly permissive on the matter of carrying firearms in most public spaces — a practice often referred to as “open carry.”
“As long as you’re not a prohibited possessor for a firearm and you’re an adult, you are allowed to lawfully open carry a firearm in the state of Wisconsin,” said Milwaukee defense attorney Tom Grieve, a former state prosecutor and Second Amendment commentator.
Those prohibited from possessing a firearm under federal or state law include those with a felony conviction, anyone convicted of misdemeanor domestic violence or anyone subject to a domestic violence protective order. Others prohibited include people found not guilty of a felony by reason of mental illness, those adjudicated incompetent by a court or those with a history of involuntary commitments for mental illness or drug dependence.
Legal permanent residents can lawfully own a firearm, provided they meet other eligibility requirements. Most foreign nationals with nonimmigrant visas, including temporary employment-based visas, cannot own guns. Federal law also bars unauthorized immigrants from owning firearms — a rule that withstood a recent challenge in federal court.
But carrying openly, particularly without a concealed carry license, can be a legal minefield. Carrying a firearm on federal property — including post offices — or on school grounds is a felony, and Wisconsin law sets a 1,000-foot radius around all school properties in which possessing a firearm is generally illegal. In urban areas, Grieve added, “you’re almost always within 1,000 feet of a school.”
The right to carry — either open or concealed — also does not extend to police stations, courthouses or correctional facilities. Private property owners may prohibit guns on their premises and direct anyone violating their rules to leave. “Signs or no signs, if you’re asked to leave, you have to leave,” said Nik Clark, president of the advocacy group Wisconsin Carry, Inc. Private property owners cannot, however, bar people from keeping a gun in their personal vehicle while on their premises.
Concealed carry license holders are allowed to carry within 1,000 feet of a school under state law, but they are not exempt from the law prohibiting firearms on school grounds. Licensees may also carry their guns in bars and taverns, but only if they do not drink alcohol.
Wisconsin residents over the age of 21 who are permitted to own a firearm can apply for a concealed carry license through the Wisconsin Department of Justice. Applicants must prove they have completed a firearms training course and background check and pay a $40 fee to obtain their first license, which remains valid for five years.
State law generally prohibited Wisconsinites from carrying concealed firearms until 2011, when then-Gov. Scott Walker signed into law broad concealed carry rights that extend to most public spaces, including the state Capitol.
The state issued or renewed more than 67,000 concealed carry licenses in 2024. Bryan Voss, a Milwaukee-area firearms instructor and member of the Wisconsin Libertarian Party, said the demographics of concealed carry license applicants are shifting.
“I’ve heard that Black women are the most rapidly growing population of gun owners,” he said, “and the makeup of the classes does seem to support that.”
Most states either honor Wisconsin concealed carry licenses or do not require a license to carry a concealed firearm. Neighboring Illinois and Minnesota do not honor Wisconsin licenses, nor do 12 other states and the District of Columbia.
A growing number of states, including Illinois, prohibit openly carrying “long guns” — meaning rifles and shotguns — at protests. Those rules aim to prevent armed confrontations between protesters, counterprotesters and law enforcement, said University of Wisconsin-Madison law professor John Gross. “What (law enforcement) don’t want,” he said, “is a situation where you have two armed groups facing off against one another with the police in between them.”
But Wisconsin law generally allows both open and licensed concealed carry at political demonstrations. A few demonstrators carried rifles outside the Wisconsin State Capitol during a massive protest against COVID-19 restrictions in 2020, for instance.
Minnesota also allows concealed carry permit holders to bring firearms to political demonstrations.
Family members have confirmed that Pretti held a concealed carry permit for the handgun that a CBP agent confiscated moments before the shooting. It remains unclear whether Pretti was carrying his handgun concealed or openly, though Minnesota law allows concealed carry permit holders to openly carry their firearms.
Wisconsin attorneys and gun rights advocates argue gun owners considering openly carrying their firearms at protests should think carefully about their decision.
“We have a right to our own self-defense, and the defense of our family and of our communities,” Voss said. “(But) I usually advise people against open carry. I find that there are very few situations in which that makes anyone feel better or really does you any good. Worst case scenario, it makes you the target.”
“When you are open carrying a firearm people generally think, ‘Oh, this is a great way to deter someone,’” Grieve said. “It might (be), or they’re just going to make sure the first thing they do is grab your firearm.”
Clark broadly cautioned against bringing firearms to protests against the Trump administration’s immigration crackdown.
“I would encourage anyone who wants to go ‘demonstrate’ armed to keep a safe distance from law enforcement,” he wrote in an email. “Wave your flag, say what you want to say, but don’t get in close contact with law enforcement. I would advise anyone not to try to interfere with law enforcement at all. But if you do interfere with law enforcement, doing so armed is presenting yourself as a deadly threat and that is dangerous for both law enforcement and agitators.”
Still, Grieve said, carrying a firearm in the presence of law enforcement is not intrinsically grounds for officers to react with deadly force, as some Trump administration officials suggested in the immediate aftermath of Pretti’s killing.
“If that’s the case, then game wardens in the United States would be slaughtering tens of thousands of Americans every year,” he said, “because those are law enforcement officials who, by their very nature, are dealing with armed Americans on a daily and hourly basis.”
Voss challenged the White House’s initial efforts to blame Pretti’s death on his decision to carry a firearm. In his view, none of Pretti’s actions captured on video justified the shooting. “At what point did (Pretti) do something that invited an immediate execution?” he asked.
Gross shares a similar view of the shooting. “He was a lawful gun owner legally carrying his firearm in a public space, and any arguments from the Department of Homeland Security or the FBI or other members of federal law enforcement that his possession of that weapon by itself indicates some intent to harm federal law enforcement (are) completely ridiculous.”
He was referring to comments from FBI Director Kash Patel and then-Border Patrol Commander-at-Large Gregory Bovino questioning Pretti’s reasons for carrying a firearm on Jan. 24. Bovino has since been removed from his role.
“If that were true, it would eviscerate the Second Amendment right to possess a firearm,” Gross added. “It would essentially be saying, ‘If federal agents believe you have a gun, and you potentially could use that firearm against them, then they have the authority to disarm you or even use deadly force against you to protect themselves.’”
If you are considering carrying a firearm in Wisconsin either openly or concealed, consult with the Wisconsin Department of Justice and, if possible, an attorney to learn more about how to legally and safely exercise your Second Amendment rights, Grieve said.
Wisconsinites may remember another incident that placed the intersection of firearms rights and protests in national headlines: In August 2020, then-17-year-old Kyle Rittenhouse of Illinois shot and killed two men in separate confrontations while patrolling Kenosha as part of an informal volunteer militia amid civil unrest following the shooting of Jacob Blake by a Kenosha police officer. Rittenhouse later stood trial for homicide and reckless endangerment, among other charges. A Kenosha County jury acquitted Rittenhouse in 2021.
Rittenhouse has since become a gun rights advocate, and the shooting of Pretti prompted some national pundits to compare his exercise of Second Amendment rights to Pretti’s. Rittenhouse himself weighed in on Monday via Twitter. “Carry everywhere,” he wrote. “It is your right.”
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