Firearm Possession with A Prior Criminal Record

 Posted on November 17, 2023 in Criminal Law

Felons are not allowed to possess firearms in the state of Wisconsin. The same can be said for individuals convicted of domestic violence. A person who fits either description and is found to be in possession of a firearm can face steep penalties. For further details on what is prohibited to those with prior convictions, consult an experienced criminal defense attorney.

Are Felons Convicted Outside of Wisconsin Still Eligible to Possess a Firearm?

The answer is no. Any crime committed out of state that would still be held as a felony conviction in the state of Wisconsin will still see the convicted person as a firearm-prohibited individual. The same rule applies to felons in states where possessing a firearm is still legal.

What About a Felony Conviction As a Minor?

Similar to adults convicted of a felony charge, juveniles who are charged with a felony as if they were an adult are considered prohibited people. A juvenile, who for state purposes is anyone under the age of 18 who was convicted of a felony, may still be able to possess a firearm, but only if the court deems them unlikely to be a danger to the public.

What Penalties Am I Facing For Possessing a Firearm?

A convicted felon found to be in possession of a firearm can face a minimum sentence of 10 years in prison. The sentence can be split into five-year confinement and five years of supervision. It can also include a $25,000 fine. A felon found in possession of a firearm within three years of completing their sentence will face a mandatory three-year confinement.

How is “Possession of a Firearm” Determined?

Anyone who knowingly has a firearm in their control, regardless if it is loaded or not or locked away, is considered to be in possession of a firearm. It does not matter if the firearm was in possession for one second. It is still considered “possession of a firearm” according to Wisconsin law. The only exception is if the individual was given the privilege to handle the firearm. In this case, privilege means that even if the act is illegal, the person is still capable of performing the act without violating the law.

Contact a Waukesha County, WI Criminal Defense Attorney

Individuals with prior felony convictions should remain as far away from firearms as possible. That being said, if you find yourself facing firearm possession charges, it is in your best interest to consult a Brookfield, WI weapons charges defense lawyer immediately. The longer you wait, the more difficult it will be to build a solid defense. Contact the firm of Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 for a free consultation to go over your case.