Does Wisconsin Have “Red Flag” Laws for Its Firearm Owners?

 Posted on June 20, 2020 in Gun Violations

In recent years, the number of gun-related injuries and accidents reported has increased significantly. According to the Centers for Disease Control and Prevention (CDC), there were nearly 40,000 firearm-related deaths in 2018. In Wisconsin alone, there were nearly 600 firearm-related deaths, or approximately 10 deaths for every 100,000 Wisconsin citizens. Because of this, lawmakers across the country have introduced laws that would create extreme risk protection orders for individuals who are likely to commit a crime with their firearms. These laws, also known as “red flag” laws, have been thought to reduce gun crime, but many citizens have objected to these laws, citing an interference of their constitutional rights. It is important to understand what constitutes these violations if you or someone you know is facing any criminal charges.

What Are Red Flag Laws?

Red flag laws, also called extreme risk protection orders, is a legal tool that allows the government to remove firearms from the possession of people who have been found to be at a high risk of committing violence. Currently, 17 states and the District of Columbia have adopted some form of a red flag law. Like gun laws, red flag laws vary by state, but they all tend to have similar elements.

For example, not just anyone can petition to have a person’s firearms temporarily removed from his or her possession. In some states, only law enforcement officials can petition, while other states allow mental health professionals and household members to file a petition. Likewise, most states also allow ex parte orders, or immediate orders without notice or a hearing, to take place in cases where imminent danger is present. Most states also impose final extreme risk protection orders for one year, although some states provide a petition process to shorten the time.

Wisconsin Firearm Protections

Wisconsin is not currently one of the states with a red flag law. Just last year, the state governor called for another look at the proposed red flag laws that were introduced in the state legislature, but they were not passed. However, the act of temporarily removing firearms from people is not new in Wisconsin. Certain proceedings in the state do already require the surrender of firearms. Specifically, both mental health commitments and restraining orders require subjects to surrender their firearms for the safety of themselves and others.

Contact a Dodge County Gun Crime Defense Attorney

There are many ways you can get in trouble when it comes to firearms. Various administrative laws exist, such as making sure your concealed carry permit is up to date. Many crimes are also aggravated with the presence of a firearm, making the consequences much more serious. If you have been charged with a gun crime, you should immediately contact a skilled Jefferson County criminal defense lawyer. At the Bucher Law Group, LLC, we can help you form a strong defense for any firearm-related charge you may be facing. To schedule a free consultation, call our office today at 262-303-4916.

Source:

https://docs.legis.wisconsin.gov/misc/lc/issue_briefs/2019/firearms/ib_red_flag_laws_ao_2019_10_01#:~:text=Wisconsin