Wisconsin air gun laws treat air guns differently from firearms: because they use compressed air or gas rather than gunpowder, they fall outside the state’s definition of a firearm and skip the rules on background checks, concealed carry permits, and gun-free school zones.1Wisconsin State Legislature. Wisconsin Statutes 167.31 – Safe Use and Transportation of Firearms and Bows2Wisconsin State Legislature. Wisconsin Statutes 948.605 – Gun-Free School Zones But they still count as dangerous weapons, every firearm hunting season is now open to them, and local governments retain the power to say where you can pull the trigger. A 2023 law reshaped much of this, so even longtime owners should take a fresh look.
Firearm or Dangerous Weapon?
State law defines a firearm as a weapon that acts by the force of gunpowder.1Wisconsin State Legislature. Wisconsin Statutes 167.31 – Safe Use and Transportation of Firearms and Bows An air gun uses compressed air, so it is not a firearm. The hunting code defines an “airgun” separately as a weapon originally manufactured to expel metal projectiles by the expansion of compressed air.3Wisconsin State Legislature. Wisconsin Statutes 29.001 – Definitions
That exemption only goes so far. The criminal code’s “dangerous weapon” definition reaches any device designed as a weapon that can produce death or great bodily harm, or any object used in a way likely to cause such harm.4Wisconsin State Legislature. Wisconsin Statutes 939.22 – Words and Phrases Defined Most air guns fit. Under the endangering safety statute, negligently handling a dangerous weapon in a way that puts someone else at risk is a Class A misdemeanor, and you do not have to fire the gun to be charged.5Wisconsin State Legislature. Wisconsin Statutes 941.20 – Endangering Safety by Use of Dangerous Weapon Pointing it at a person or waving it around recklessly can be enough.
Where You Can Legally Discharge an Air Gun
State law sets the floor. You cannot discharge an air gun from or across a highway, within 50 feet of the center of any roadway, or from inside a vehicle.1Wisconsin State Legislature. Wisconsin Statutes 167.31 – Safe Use and Transportation of Firearms and Bows On private property in unincorporated areas, you can generally shoot as long as you follow those rules and act safely. Keep distance from highways and occupied buildings, and use a proper backstop.
Local governments add the next layer. In 2023, Wisconsin Act 115 folded air guns into the state preemption law, so cities, villages, towns, and counties generally cannot pass ordinances on sale, possession, transportation, or carrying that go beyond state law. One power stayed with the locals: they can still restrict where you discharge an air gun.6Wisconsin State Legislature. Wisconsin Statutes 66.0409 – Local Regulation of Weapons
Most cities and villages use that power broadly. A typical ordinance bans discharging any air gun within city limits, with narrow exceptions for indoor ranges or organized shooting facilities. Before firing in a backyard inside an incorporated area, read the local ordinance. Violations usually bring a citation and fine, with the amount set by the jurisdiction.
Hunting With an Air Gun
2023 Act 115 opened every firearm hunting season to air guns. If the Department of Natural Resources sets an open season for taking an animal with a firearm, that season is automatically open for air guns as well.7Wisconsin State Legislature. Wisconsin Statutes 29.014 – General Powers and Duties That reaches squirrels and rabbits all the way through deer, elk, and bear.
The DNR can set caliber and ammunition rules by species, but any such rule must allow air guns that are comparable in effectiveness to the firearms already permitted for that species.7Wisconsin State Legislature. Wisconsin Statutes 29.014 – General Powers and Duties In practice, the agency has set a .35 caliber minimum for big game like deer and bear, and .177 caliber for small game. Check the current season regulations before you head out.
You need a valid Wisconsin hunting license, and all the usual rules apply: season dates, bag limits, tagging. On state fish hatcheries and wildlife refuges, air guns must be unloaded and enclosed in a carrying case.8Wisconsin State Legislature. 2023 Wisconsin Act 115
What Doesn’t Count
Airbows are out. The statute defines an airgun as a weapon that expels metal projectiles, and an airbow launches arrows, so it falls into neither the air gun nor the bow category.3Wisconsin State Legislature. Wisconsin Statutes 29.001 – Definitions It is not a legal hunting method in Wisconsin.
Migratory birds are also off the table. Federal regulations ban taking migratory game birds with a rifle of any kind, which includes air rifles.9eCFR. 50 CFR 20.21 – What Hunting Methods Are Illegal Ducks, geese, and doves must be hunted with a shotgun of 10 gauge or smaller, a bow, or by falconry, regardless of what the state allows for other species.
Minors and Air Guns
The statute barring minors from possessing dangerous weapons uses its own narrow list: firearms, electric weapons, metallic knuckles, nunchaku, and a handful of other named items.10Wisconsin State Legislature. Wisconsin Statutes 948.60 – Possession of a Dangerous Weapon by a Person Under 18 Air guns are not on that list, and because they are not firearms under state law, they may not fall within the statute at all.
They can still qualify as dangerous weapons under the broader criminal-code definition, which matters if a minor handles one carelessly and endangers someone. Treat an air gun the way you would treat any weapon: supervised use, structured instruction, and a safe backstop.
Felons and Prohibited Persons
The felon-in-possession statute is written around firearms. It makes it a Class G felony for a person convicted of a felony to possess a firearm.11Wisconsin State Legislature. Wisconsin Statutes 941.29 – Possession of a Firearm Air guns are not firearms under Wisconsin law, so this prohibition does not reach them.
Two cautions. The endangering safety statute still applies, since it covers dangerous weapons generally. And probation or parole conditions often forbid possession of any weapon. Anyone under supervision should confirm the specific terms before buying or borrowing an air gun.
Transporting an Air Gun
The rules that force conventional firearms to be unloaded and encased in a vehicle do not apply to air guns during ordinary travel. The safe transportation statute’s encasement requirements are written for firearms. What the statute does prohibit is discharging an air gun from inside a vehicle.1Wisconsin State Legislature. Wisconsin Statutes 167.31 – Safe Use and Transportation of Firearms and Bows On state fish hatcheries and wildlife refuges, air guns must be unloaded and cased regardless.8Wisconsin State Legislature. 2023 Wisconsin Act 115
Even where the law is relaxed, transporting unloaded and in a case is still the cleaner practice. It removes any ambiguity, especially when driving through cities that ban discharge within their limits.
Federal Land Is a Different Rulebook
National forests often restrict air rifle discharge to designated ranges and lawful hunting through local forest orders, so check with the ranger district before heading in. In national parks, discharging any weapon is generally prohibited unless specifically authorized.12National Park Service. Firearms in National Parks If you are visiting Apostle Islands, Ice Age Trail segments, or other National Park Service sites in Wisconsin, leave the air gun at home or locked in the vehicle.