Felon in Possession of a Firearm in Wisconsin

In the State of Wisconsin, when a felon is caught with a firearm, they may face a Class G felony charge, which can result in a sentence of up to ten years in prison as well as $25,000 in criminal fines. In Wisconsin, a felon is an individual who was previously convicted of a felony in the state or another state that would equate to a felony in Wisconsin. This can include convictions for various criminal offenses, such as:

• Violent felonies
• Violent misdemeanors
• Domestic violence

If a person is convicted of a felony crime, they can lose some of their rights, such as the right to vote and the right to possess a firearm. This loss of rights may be imposed on the defendant if they were convicted of a violent felony or a felony involving a firearm.

This type of punishment is imposed as it would, in theory, prevent the offender from committing another or similar criminal offense. Knowing that certain rights will be lost may also deter other individuals from committing similar crimes.

It is important for individuals to be aware that there can be differences in sentencing guidelines under state laws and federal laws. This means that a convicted felon may lose different privileges under these laws, including the right to own a firearm. There can also be differences in what is categorized as a firearm, such as flare guns versus handguns.

If a felon is caught with a firearm, they can face both felony charges and a mandatory prison sentence. The specific sentence they will face depends on the facts and circumstances of the offense, including the offender’s criminal history and if a firearm was used.

When a defendant faces federal charges, they will also face a minimum mandatory sentence of fifteen years as well as be ordered to pay substantial criminal fines. There are a variety of factors that can have an effect on the punishment that is imposed upon a convicted felon in possession of a firearm, which include:

• If the firearm was a high capacity weapon
• Whether the offense was a violent offense
• The number of firearms involved
• The type of firearm involved
• Whether or not the firearm was loaded
• If the defendant has prior convictions

It is important to be aware that federal laws in the United States trump all state laws. These laws prohibit all felons from possessing a firearm at any place and time.

To find out more about these issues and applicable Wisconsin laws, it is important to consult with a local Wisconsin attorney. When someone faces gun charges, their attorney may be able to have those charges reduced or even dismissed, depending on the facts surrounding their offense.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

In Wisconsin, the minimum sentence for a felon in possession of a firearm is ten years in prison. This sentence may be divided into five years of confinement followed by five years supervision. They may also have to pay a $25,000 criminal fine.

It is important to note that sentences may increase if a defendant has a prior criminal history. The court will likely take into account the facts surrounding the defendant’s offense at sentencing.

If the defendant is charged under federal laws, they may face harsher penalties. It is important for a defendant to have legal representation any time they are facing gun charges.

A lawyer can explain to the court why the felon had the firearm in their possession and where they got it as well as challenge any searches that were conducted when possible. If a defendant facing felon in possession of a firearm charges in Wisconsin has any questions or concerns, they should consult with an attorney.

Can a Felon Be Around a Person With a Gun?

A felon can typically be around an individual who has a firearm. It is important to be aware, however, that it may become an issue if the firearm itself is near the felon or if the felon resides with an individual who owns the firearm.

This is due to the fact that, when someone has been convicted of a felony, they may also be charged with constructive possession of a firearm. This issue can arise if the firearm itself is present and the felon can gain or maintain control over that firearm.

An individual may also be found guilty of constructive possession of a firearm without ever actually handling it, for example, if it is in a vehicle. This issue arises when the felon borrows a vehicle but is not aware that a firearm was inside.

It may also be an issue if they knew the firearm was in the vehicle when they borrowed it. Another nuance in this area of law is distinguishing between a felon who owned a firearm and one who possessed a firearm, which can impact their criminal liability.

If a felon is in possession of a firearm, that is often a felony offense on its own. If the individual is found guilty of this offense, they may be prohibited from owning a firearm in the future.

What Weapons Can a Felon Own To Protect Themselves?

Even though an individual who has been convicted of a felony is not permitted to own a firearm, they may still own other weapons that can be used to protect themselves and their homes. Being a felon does not take away an individual’s right to protect themselves and their residence.

Specific examples of other weapons that a felon may own for their protection can include:

• Pellet guns
• Crossbows or bows and arrows
• Knives with blades under a specified length

Convicted felons must adhere to any restrictions on the types of weapons they are permitted to own and possess. Being permitted to own and possess other types of weapons can ensure that a convicted felony may also still be able to hunt.
Prohibiting firearm ownership is not meant to prevent a felon from having the ability to defend themselves or to hunt. Instead, it is meant to deter future similar offenses.

Under both federal laws and Massachusetts state laws, felons can own antique firearms, which may include:

• Firearms manufactured before 1898, or replicas of those firearms
• Black powder shotguns
• Muzzle-loading firearms
• Black powder rifles

Can a Felon’s Gun Rights Be Restored?

Yes, in some cases, a felon’s gun rights may be restored by:

• A Massachusetts expungement or record sealing
• Having a criminal conviction overturned
• Applying for a pardon from the governor

It is very important to consult with a Wisconsin lawyer for more information on how a felon’s gun rights may be restored as well as other civil rights. Even when rights are restored at the Wisconsin state level, the individual may still be prohibited from firearm ownership under federal law.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you are an individual in Wisconsin, felon or not, who has any questions about the laws governing felons in possession of firearms, you should reach out to a Wisconsin criminal lawyer for advice. A lawyer can provide information on many different issues, including living with a felon if you have a firearm or letting a felon borrow your car so you can avoid any legal issues or criminal charges.

You can find an attorney in your area in as little as 15 minutes using LegalMatch’s no cost attorney matching services. An attorney can provide many levels of service including simply answering questions and giving advice, helping with restoration of your right to own a firearm, and representing you in court, if necessary.