In February 2016, Governor Scott Walker signed Assembly Bill 142 into law, making significant changes to the legal status of knives in Wisconsin. These changes, which impact concealed carry and switchblade laws, also include new preemption laws and updates to other related regulations. Here’s a breakdown of the key points and what it means for Wisconsin residents.
Changes to Wisconsin Concealed Carry Knife & Switchblade Laws
Before the new law, switchblades (also known as automatic knives) were prohibited under Wisconsin Statute 941.24. However, AB 142 repealed this statute, removing restrictions on the concealed carry of all knives, including switchblades.
Important Exceptions
- If an individual is prohibited by law from possessing a firearm, they are also prohibited from carrying a concealed knife under certain circumstances.
- Specifically, Wisconsin Statute 941.29 and 941.231 deal with the rules regarding carrying a concealed knife for people who are restricted from owning a firearm.
If someone is prohibited from possessing a firearm, such as a convicted felon, or is restricted under a restraining order or parole conditions, they could face criminal penalties for carrying a concealed knife, even if it is not a firearm. Violating this law could lead to a Class A misdemeanor, which carries potential penalties of up to 9 months in jail, fines up to $10,000, or both.
If you have questions about whether this statute applies to you, it’s important to consult with a knowledgeable attorney to understand your rights.
New Wisconsin Preemption Laws Regarding Knives
Wisconsin has expanded its preemption law to include knives. This means that cities, towns, villages, and counties cannot pass local ordinances that are stricter than the state law. Essentially, state law overrides local knife regulations.
However, there is a key exception regarding knives on or near school premises. Carrying a knife on or near schools can lead to severe penalties, including felony charges under Wisconsin Statute 948.61.
Local Regulation of Weapons
According to Wisconsin Statute 66.0409(2), local governments cannot enforce any ordinance that regulates the sale, ownership, or use of knives in a way that is more stringent than state law. This helps create uniformity across the state regarding knife laws.
Changes to Milwaukee Knife Laws
For residents of Milwaukee County, the new law means there is now a uniform statewide knife law, rather than a patchwork of local regulations. Previously, Milwaukee had a local ordinance that considered knives with a blade length of 3 inches or more as weapons, which could lead to criminal charges for possession or carrying. However, under the new law, there are no longer any blade length limits for knives in Wisconsin.
This change affects Milwaukee County, where the 3-inch rule was widely enforced. Now, knife laws are the same throughout the state, allowing residents to carry knives without concern for local regulations based on blade length.
Disorderly Conduct and Knife Laws
Another important change is how carrying a knife is treated in cases of disorderly conduct. Previously, people who were carrying firearms could face charges under Wisconsin Statute 947.01 for disorderly conduct if there was no clear justification for their actions. The new law ensures that people carrying knives are now given the same protections.
The updated Wisconsin Statute 947.02 states that a person cannot be charged for carrying or going armed with a knife unless there are additional factors that show criminal intent. The statute now includes:
“Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for carrying or going armed with a firearm or a knife, whether it is concealed or openly carried.”
This update ensures that lawful carriers of knives are not unfairly targeted for carrying them.
The signing of AB 142 in 2016 marked an important shift in Wisconsin’s knife laws, allowing greater freedom for those who wish to carry knives. With the repeal of restrictions on concealed carry of knives, the expansion of preemption laws, and changes to local regulations, the new laws provide greater consistency and clarity for residents across the state. However, it is essential to understand that individuals prohibited from owning firearms still face restrictions when it comes to carrying concealed knives.
For anyone with questions about how these laws apply to their situation, seeking guidance from an experienced criminal defense attorney is a wise step.
