Is an Air Gun Considered a Firearm in Wisconsin?

 Posted on January 21, 2025 in Criminal Defense

Last week, a 30-year-old man was wounded in a shooting that involved an air-powered rifle. Calls regarding a man firing a "shotgun" at an apartment complex came in just before 7:30 p.m. from the 400 block of West Scott Street. Approximately 10 minutes later, police received notification of a gunshot victim at St. Agnes Hospital.

The victim had suffered a wound to his upper arm from an air gun and was treated and released. Based on the description given by the victim, a car was pulled over approximately a mile and a half from the scene, and the driver was arrested. Police are as yet unsure whether the shooting was random or whether the victim and the shooter knew one another.

A police spokesman made it clear that although the weapon involved in the shooting was an air-powered rifle that shoots pellets, any firearm has the potential to cause harm. If you have been charged with a weapons violation, it is important that you speak to an Ozaukee County, WI weapons crimes attorney.  

Is an Air Gun Considered a Dangerous Weapon?

The distinction that needs to be made concerns the Wisconsin definitions of "weapons" vs."firearms." Under Wisconsin law, an air gun is not considered a firearm because "firearm" means a "weapon that acts by force of gunpowder to fire a projectile, regardless of whether the weapon is inoperable due to  disassembly." In 1961, an air gun was considered a firearm in the state, but that law was subsequently changed.

However, under Wisconsin law, an air gun is considered a "dangerous weapon. " A dangerous weapon is any firearm—loaded or unloaded—that is designed as a weapon and can produce bodily harm or death. A BB gun or pellet-firing gun that expels a projectile through the force of air pressure is considered a dangerous weapon.

A person who uses an air gun to threaten or place another person in danger of bodily harm can be charged with Endangering Safety by Use of a Dangerous Weapon. This is a Class A misdemeanor with penalties including up to nine months in jail and a fine as high as $10,000.

What Are Some of the Most Common Firearm Offenses in Wisconsin

While a Class A misdemeanor can have serious penalties, misuse of an actual firearm in the state has much more serious penalties. Although many gun crimes are attached to other felony offenses, resulting in enhanced penalties, there are other firearm offenses that are not tied to other criminal offenses. These include:

• Illegal possession of a concealed weapon
• Purchasing or selling a gun illegally
• Carrying a weapon in violation of probation or parole rules

If you do not have a concealed carry permit and are found in possession of a concealed weapon, you will be charged with a Class A misdemeanor. Selling a gun illegally is a Class G felony offense, which is punishable by up to 10 years in prison, and fines as large as $25,000.  Felon in possession of a firearm charges are usually a Class G. felony with a mandatory minimum sentence of three years if the felon committed the offense within five years of completing a sentence for a prior felony.

Contact a Waukesha County, WI Weapons Violations Lawyer

If you are facing weapons or firearms charges, you should take these charges very seriously, as they can have severe penalties and consequences. Having a Milwaukee County, WI weapons violations attorney from Bucher Law Group, LLC can be extremely important when charged with these types of criminal offenses. Attorney Bucher spent two decades as the Waukesha County District Attorney, which affords him a unique perspective when defending criminal charges. He has also litigated the most high-profile and complicated cases in the State of Wisconsin. Call 262-303-4916 to schedule your free consultation.