In Wisconsin, felons are not allowed to possess firearms – in fact, it’s a crime. Being a felon in possession of a firearm is a Class G felony, which results in prison time after a conviction.
Here’s what you need to know.
Felon in Possession of a Firearm Charges in Wisconsin
Possessing a firearm when you’re a felon is against the law in Wisconsin. If you’re a felon, you can’t knowingly have a firearm in your possession. There are two types of possession: actual and constructive.
What is Actual Possession?
Actual possession means having a firearm in your hand. It even counts if someone has a firearm and asks you to hold it – you then become a felon in actual possession of a firearm.
What is Constructive Possession of a Firearm?
Constructive possession of a firearm means having control over an area that has a firearm in it, when you intend to exercise control over the firearm as well. For example, if you know there’s a firearm in the trunk of a car or in a room you’re sitting in and you intend to actually possess the firearm, the state can charge you as a felon in possession.
Who Isn’t Allowed to Possess a Firearm in Wisconsin?
If you’ve been convicted of a felony, you cannot possess a firearm in Wisconsin. That holds true even if you were convicted of a felony in another state – if the crime would be a felony in Wisconsin, it counts. You also may not possess a firearm if you were:
- Found not guilty of a felony in Wisconsin by reason of a mental disease or defect
- Found not guilty or not responsible for a crime in another state that would be a felony in Wisconsin by reason of insanity, mental disease, mental defect or mental illness
- Committed for treatment and ordered not to possess a firearm
- Otherwise ordered not to possess a firearm by a court
Do You Need to Talk to a Lawyer About Being a Felon in Possession of a Firearm?
If you’re accused of being a felon in possession of a firearm, we may be able to help you get the best possible outcome. Contact us online or call us at 414-383-6700 to find out what we can do for you – we’ll be happy to answer your questions and provide you with legal guidance during a free consultation.