What Are the Penalties for Felon in Possession of a Firearm?

 Posted on March 12, 2025 in Criminal Defense

While there are few state statistics regarding charges for "felon in possession of a firearm," federal statistics show that in 2018, there were 6,719 convictions for this offense. Of those, 97.7 percent were men with an average age of 34. Tennessee, Alabama, and Missouri had the highest rates of felon in possession of firearm charges and convictions.

Wisconsin has severe penalties for felon in possession of a firearm, charging the offense as a Class G felony. If you have been charged with this criminal offense, it is extremely important that you discuss your charges with an experienced Jefferson County, WI criminal defense attorney.

What Constitutes a Felon in Possession of a Firearm?

Section 941.29(1M) of the Wisconsin Statutes governs felon in possession of firearm charges and penalties. To be charged with this criminal offense, one of the following must have occurred: 

• An adjudication of delinquency for an act committed on or after April 21, 1994, if that offense would be a felony if committed by a Wisconsin adult.
• A felony conviction in the state or a criminal conviction in another state that would be a felony if committed in Wisconsin.
•  Found guilty of a felony by reason of mental disease or defect.
• Found not guilty of or not responsible by reason of mental disease or defect in another state if that crime would be a felony in Wisconsin.

What Are the Meanings of "Firearm" and "Possession?"

Any weapon that acts through the force of gunpowder is considered a firearm; whether the weapon is loaded is not a factor. If a defendant knowingly has physical control of the firearm or if the firearm is found in an area the suspect typically controls (his or her home, vehicle, or room if a single room is rented). In some instances, it can be shown that the firearm actually belonged to another person who was sharing the defendant’s home or car, and the defendant had no knowledge of the firearm’s presence.  

What Are the Penalties for the Conviction of Felon in Possession of a Firearm Charges?

As a Class G felony, the maximum penalty for this offense is 10 years in prison and a $25,000 fine. The 10-year prison term breaks down into a maximum of five years of initial confinement followed by five years of extended supervision. Under specific circumstances, there is a mandatory minimum penalty of up to three years' initial confinement. This mandatory three-year sentence applies when the defendant has a previous violent felony conviction, a delinquency, or a finding of not guilty by reason of mental disease or defect and any of the following:

• The current offense occurred within five years of completion of the original sentence, including parole or extended supervision.
• The current offense was committed within five years of discharge from a Chapter 971 commitment related to any prior felony or violent misdemeanor.
• The current offense was committed while the defendant was on conditional release, extended supervision, or probation related to a prior felony or violent misdemeanor.

Are There Exceptions to the Law When the Person is Attacked?

The laws in Wisconsin do make exceptions if the defendant had a reasonable belief that he or she was in danger of serious bodily harm or death. The defendant may not have recklessly or negligently placed himself or herself in that situation and must have believed there was no other way to avoid death or harm without possession of a firearm. A felon may not carry a firearm on the off chance that he or she might be in harm’s way.  

Contact a Waukesha County, WI Criminal Defense Lawyer

If you have been charged with the crime of felon in possession of a firearm, it is important that you speak to an experienced Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC. Attorney Bucher spent 20 years as the Waukesha County District Attorney and has litigated some of the most high-profile, complex cases in the state. Call 262-303-4916 to schedule your free consultation and discuss your charges.