A felony conviction in Wisconsin can have significant repercussions, including restrictions on your ability to possess a firearm. If you've been charged with "felon in possession of a firearm," also known as Wis. Stat. § 941.29, navigating the legal system can be complex and daunting.
Here at Singleton Law Firm, we understand the challenges you face and are committed to protecting your rights. Learn more about Wisconsin's laws regarding felons and firearms, potential defenses, and the process of restoring your firearm rights.
Understanding the Felon in Possession of a Firearm Law
In Wisconsin, it is a Class G felony to possess a firearm if you have been convicted of a felony offense. This law applies to handguns, rifles, shotguns, and any other weapon classified as a firearm under state or federal law. The penalty for a Class G felony conviction can range from up to 10 years in prison and a $10,000 fine to probation and community service.
What Constitutes "Possession" Under the Law?
The key element of the "felon in possession" law is possession. This can encompass actual physical possession of the firearm, as well as constructive possession. Constructive possession applies when a firearm is readily accessible to the felon, even if they are not directly holding it. For example, if a firearm is found in a vehicle you were driving or a residence you occupy, you may be considered to be in constructive possession.
It's important to note that there are some exceptions to the "felon in possession" law. These exceptions include:
Unloaded firearms transported unloaded and locked in a case: If you are transporting an unloaded firearm in a locked container separate from ammunition, you may be exempt from the law (Wis. Stat. § 941.23(5)).
Antique firearms: Antique firearms, generally defined as those manufactured before 1899, are not considered firearms under Wisconsin law.
Firearms inherited through lawful means: Inheriting a firearm through a will or trust may be permissible under certain conditions. It's crucial to consult with an attorney to understand the specific legalities involved.
Potential Defenses to a Felon in Possession Charge
If you've been charged with "felon in possession of a firearm," several potential defenses may apply depending on the circumstances of your case. Here are some common defenses:
- Lack of knowledge: If you were unaware that the firearm was present, you may have a valid defense.
- Illegal search and seizure: If law enforcement obtained the firearm through an illegal search, the evidence may be inadmissible in court.
- Mistake of fact: If you believed you were legally permitted to possess the firearm, you may have a defense based on a mistake of fact.
It's important to remember that these are just a few examples, and the specific defense strategy will depend on the unique details of your case. Consulting with an experienced criminal defense attorney is crucial to determine the best course of action.
Restoring Your Firearm Rights in Wisconsin
In some cases, it may be possible to restore your firearm rights after a felony conviction. Wisconsin offers two main options:
Pardon
A pardon from the Governor of Wisconsin can restore your right to possess a firearm. However, the pardon process is lengthy and requires a demonstration of good character and rehabilitation.
Expungement
Expungement allows certain felony convictions to be sealed from public view. While expungement does not automatically restore firearm rights, it can significantly improve your chances of obtaining a pardon in the future (Wis. Stat. § 972.01).
It's important to consult with an attorney specializing in firearm rights restoration to determine the eligibility requirements and navigate the complex legal procedures involved.
Call Singleton Law Firm Today
Facing a "felon in possession of a firearm" charge can be a stressful experience. At Singleton Law Firm, our experienced criminal defense attorneys understand the intricacies of Wisconsin's firearm laws and are dedicated to protecting your rights. We will thoroughly analyze the details of your case, explore all potential defenses, and guide you through the legal process.
Contact Singleton Law Firm Today
