Madison WI Felon in Possession of Firearm Defense Lawyer Attorney

In 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 Wisconsin 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 gun.

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.

Adjudicated 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. 51.20(13)(cv).

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).