What Offenses Make You Ineligible to Own a Gun in Wisconsin?

 Posted on September 20, 2019 in Gun Violations

The Second Amendment to the United States Constitution states that all American citizens have the right to “keep and bear arms.” While many people interpret that as being an inherent right, it is treated more like a privilege throughout the country. Gun ownership laws differ from state to state, but most states have set criteria or restrictions on who can legally own a firearm and how they can be possessed. Wisconsin is an "open carry" state, meaning it is legal to carry a firearm if you are legally allowed to possess it, and it is readily visible while you are carrying it. If you conceal the firearm, you must also possess a license to carry a concealed weapon. Even if you simply want to own a gun, certain offenses may prevent you from being able to legally possess a firearm in Wisconsin, which can lead to criminal charges. Potential reasons that you may be barred from owning a gun include:

You Were Convicted of a Wisconsin Felony

It is both a federal and a state law that you cannot possess a firearm if you have been convicted of a felony. In Wisconsin, you are not permitted to own or purchase a firearm if you have been convicted of a crime such as murder, sexual assault, battery, burglary, or any other felony.

You Were Convicted of a Felony in Another State

Similarly, if you are convicted of a felony in a state other than Wisconsin, you are not permitted by Wisconsin law to possess a firearm. Even if you were convicted of a crime in another state that was not a felony, if that same crime is considered a felony in the state of Wisconsin, you are prohibited from owning a firearm.

You Were Found “Not Guilty” of a Felony by Reason of Mental Illness

You are also prohibited from owning or possessing a firearm if you were charged with a felony but were found “not guilty” because of insanity or mental disease, defect, or illness. In other words, if you were not convicted of a crime because the court did not think you had the mental capacity to understand the crime or because you did not have the mental ability to control your actions, you cannot own a firearm.

Penalties for Illegal Possession

Illegal firearm possession is a serious charge. If you are caught with a firearm in Wisconsin, and you were not legally permitted to possess it, you will be charged with a Class G felony. In Wisconsin, Class G felonies carry possible fines of up to $25,000, up to 10 years in prison, or a combination of both.

Contact a Milwaukee County Weapons Charges Defense Attorney 

At the Bucher Law Group, LLC, we know that there is no such thing as a minor weapons charge. If you have been accused of possessing a gun when you are not legally permitted to own a firearm, you could be charged with a felony and face jail time in addition to fines. Our skilled Waukesha County firearms violation defense lawyers have years of combined experience defending clients against all types of weapons charges. Call our office today at 262-303-4916 to schedule a free initial consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/175/35

https://docs.legis.wisconsin.gov/statutes/statutes/939/IV/50