Will a Restraining Order Prevent Me From Owning a Gun in Wisconsin?

 Posted on October 13, 2023 in Gun Violations

There are a variety of situations where accusations of domestic abuse, harassment, or other offenses may lead to restraining orders. If you have been accused of these types of offenses, you will need to understand how you may be affected by a restraining order, including whether you will be prevented from owning or possessing firearms. To avoid potential criminal charges for weapons violations or other offenses, it is important to work with an attorney who can protect your rights and advise you on how to address accusations of domestic violence.

What Is a Restraining Order?

A restraining order, also known as an injunction or protective order, is an order issued by a court that requires a person to stay away from someone else and refrain from committing acts of abuse or harassment. Restraining orders are meant to protect victims who may be at risk of harm from a family member, a current or former romantic partner, or someone who has engaged in threatening behavior. 

A restraining order will typically prohibit the person who has been accused of abuse or harassment from contacting or approaching the protected party. They may also include other terms, including restrictions on a person’s ability to own or possess firearms.

Wisconsin Restraining Orders and Firearm Possession

Under Wisconsin law, people who are subject to restraining orders are generally prohibited from possessing firearms. They must surrender any firearms they own within 48 hours after being served with the injunction. While a restraining order is in effect, a person cannot purchase or receive any firearms.

Surrendering Your Firearms

If you have been served with an injunction that includes restrictions on firearm possession, it is essential that you comply with these limitations immediately while following the appropriate procedures. Failure to do so could result in serious consequences, including potential criminal charges and further legal complications.

Contact your local law enforcement agency or courthouse for instructions on how and where to surrender your firearms. Follow all guidelines provided by law enforcement officials to ensure compliance with state laws regarding firearm relinquishment. If you have any questions, an attorney can advise you of your rights and the steps you can take to comply with your legal requirements. They can also help you defend against the accusations that led to the issuance of the restraining order, and they can seek to have the order lifted if possible.

Penalties for Possession of Firearms While Under a Restraining Order

A person who is subject to a restraining order that prohibits them from possessing firearms may face criminal charges if they violate these restrictions. In these situations, possession of a firearm could result in Class G felony charges. A conviction on these charges could result in a prison sentence of up to 10 years, as well as a maximum fine of $25,000. Depending on the circumstances of a case, other criminal charges may also apply, such as assault or harassment, and additional penalties may be imposed if a person is convicted.

Contact Our Waukesha County Restraining Order Defense Lawyer

If you have questions about how a restraining order might affect your gun ownership rights in Wisconsin, or if you need to defend against charges related to domestic violence or weapons possession, Bucher Law Group, LLC can provide the legal help you need. Our Walworth County weapons charges attorney can represent you in proceedings related to violations of restraining orders or other criminal offenses. We will work to help you resolve these matters successfully while protecting your rights at all times. Contact us at 262-303-4916 to schedule a free consultation.