Is it Legal to Possess a Firearm After a Felony Conviction in Wisconsin? 

 Posted on December 14, 2021 in Gun Violations

Wisconsin has gun laws that respect the rights of its citizens to engage in hunting, recreational gun ownership, and self-defense. However, people who have been convicted of a felony offense are prohibited from owning or possessing firearms and there are serious consequences for those convicted of illegal possession of a gun. If you are facing charges of illegal firearm possession, it is important to have a skilled and aggressive criminal defense lawyer who can help you build a case on your behalf. 

When Can Possession of a Firearm Be Illegal in Wisconsin? 

There are many situations in which a citizen may not be legally permitted to own or possess a firearm, but behavior related to felony convictions is one of the most common. Persons can be prohibited from having a gun in the following circumstances: 

• A felony conviction

• A conviction for an offense that is a felony in Wisconsin 

• A failure to convict in Wisconsin for a felony offense because of insanity or another mental condition

• A failure to convict outside of Wisconsin for a felony offense because of insanity or another mental condition

• A judgment of juvenile delinquency for an offense that would be a felony for an adult

Persons convicted of illegal firearm possession face Class G felony charges, including fines of up to $25,000 and up to 10 years in prison. The illegally held gun will be confiscated and can even be destroyed after 12 months. If other crimes were committed at the same time as possession of the illegal firearm, these will also carry charges. 

What is Considered Possession of a Firearm? 

Wisconsin law considers someone to be in possession of a firearm if the person knowingly had control over the firearm, even for a small amount of time. Possession can also include handling someone else’s firearm. Convicted felons can be found to be in possession of an illegal firearm even if the firearm is inoperable or disassembled. 

How Can A Wisconsin Criminal Defense Attorney Defend Me Against Illegal Firearm Possession Charges? 

Experienced criminal defense attorneys will work to build a defense based on the unique circumstances of each case. Sometimes, this means trying to prove that the accused was not actually in possession of the weapon. Other times, it may be possible to prove that the prosecution’s evidence was illegally obtained. An attorney may also be able to negotiate serious charges down to misdemeanors and non-criminal tickets. It is important to consult with an attorney who is knowledgeable and has a proven record of success. 

Schedule a Free Consultation with a Milwaukee County Criminal Defense Lawyer

At Bucher Law Group, LLC, we have helped defend many clients against allegations of gun violations. We work aggressively to protect our clients from unnecessary charges and ensure their fair treatment within the Wisconsin legal system. If you are facing felony gun possession charges, schedule a free consultation with one of our Waukesha County gun violation lawyers and get the help you need. Call us today at 262-303-4916. 

Source: 

https://docs.legis.wisconsin.gov/statutes/statutes/941/iii/29