Madison WI Felon in Possession of Firearm Defense Lawyer
Wisconsin, it is crime for any person convicted of a felony to
possess of firearm. Felon in possession under
Wisconsin criminal law section 941.29 is a Class G felony,
punishable by up to 10 years prison and up to a $10,000 fine.
The definition of possession in the criminal charge
of felon in possession of a firearm in
can be a tricky one. It includes the obvious situation of knowingly
having actual physical control of a firearm, like holding it in your
hand. This is called actual possession. You may also be convicted
of possessing a firearm, however, if the state proves constructive
possession. In Wisconsin, a person constructively possesses a
firearm if the firearm is in an area over which the person had
control and the person intends to exercise control over the firearm.
This can be established without even proving that you touched the
Because constructive possession is enough to prove
felon in possession under
Wisconsin law, it is important for anyone with a felony conviction
to stay away from any situation where he or she may exercise control
over a firearm. If you are in room or a vehicle with a gun
accessible to you, the state is half way to proving possession of
that gun. It is far better to have the gun locked up in a way that
someone with a felony conviction does not have access to it. Still,
if you are arrested for felon in possession because you were found
in a situation where there was a firearm accessible to you, do not
give up. The state may be half way to proving the case, but it is
not all the way. The prosecution still needs to prove that you knew
about the gun and intended to take control of it.
The crime of illegal possession of a firearm in
Wisconsin is not limited to individuals convicted of
a felony offense. Numerous other conditions may make it illegal to
possess a firearm in Wisconsin, including the following:
Convicted of a felony in this state.
Convicted of a crime elsewhere that
would be a felony if committed in this state.
delinquent for an act committed on or after
April 21, 1994,
that if committed by an adult in this state would be a felony.
Found not guilty of a felony in this
state by reason of mental disease or defect.
Found not guilty of or not
responsible for a crime elsewhere that would be a felony in this
state by reason of insanity or mental disease, defect or illness.
Committed for treatment under s.
51.20(13)(a) and ordered not to possess a firearm under s.
Enjoined under an injunction issued
under s. 813.12 or 813.122, or under a tribal injunction, as defined
in s. 813.12(1)(e), issued by a court established by any federally
recognized Wisconsin Indian tribe or band, except the Menominee
Indian tribe of Wisconsin, that includes notice to the respondent
that he or she is subject to the requirements and penalties under s.
941.29 and that has been filed under s. 806.247(3).
Ordered not to possess a firearm
under s. 813.125(4m).
Even where one of the above circumstances is
present, there are potential defenses to the charge or illegal
firearm possession in Wisconsin. If you are accused of illegal
possession of a firearm, it pays to have an experienced criminal
defense lawyer. Call Madison criminal lawyer Robert T. Ruth at
608-257-2540 for a free consultation if you need a felon in
possession defense attorney in Wisconsin.