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Bucher Law Group, LLC

Untitled---2023-11-30T130907.619.jpgThe "castle doctrine" is a legal principle that allows people to use force, including deadly force, to defend themselves and their property within their own homes. It is based on the idea that a person's home is their castle and they have the right to protect it from intruders. Different states have implemented this principle as they have seen fit, implementing “stand your ground” laws and similar measures that are meant to protect the rights of firearm owners and ensure that they can defend themselves and their families.

Wisconsin law does recognize the castle doctrine, but with some important limitations. In Wisconsin, there are specific statutes that outline when an individual can use force in self-defense or defense of others. Even with these laws in place, there are situations where people could potentially face weapons charges or other types of criminal charges based on the use of firearms. If you have been charged with a crime in Milwaukee County, Waukesha County, or elsewhere in Wisconsin, an experienced attorney can provide you with legal representation as you defend against a conviction.

Self-Defense Laws in Wisconsin

In Wisconsin, self-defense laws are governed by Section 939.48 of the Wisconsin Statutes. Section 895.62 also provides people with immunity from civil liability if they use deadly force against someone entering their home, place of business, or motor vehicle. According to these laws:


Untitled---2023-10-13T112528.861.jpgThere are a variety of situations where accusations of domestic abuse, harassment, or other offenses may lead to restraining orders. If you have been accused of these types of offenses, you will need to understand how you may be affected by a restraining order, including whether you will be prevented from owning or possessing firearms. To avoid potential criminal charges for weapons violations or other offenses, it is important to work with an attorney who can protect your rights and advise you on how to address accusations of domestic violence.

What Is a Restraining Order?

A restraining order, also known as an injunction or protective order, is an order issued by a court that requires a person to stay away from someone else and refrain from committing acts of abuse or harassment. Restraining orders are meant to protect victims who may be at risk of harm from a family member, a current or former romantic partner, or someone who has engaged in threatening behavior. 

A restraining order will typically prohibit the person who has been accused of abuse or harassment from contacting or approaching the protected party. They may also include other terms, including restrictions on a person’s ability to own or possess firearms.


WI defense lawyerThe consequences of a conviction for committing a crime are generally restricted to the act of offering restitution, whether by paying fines, serving time in jail or prison, or completing acts of community service and probation. Other times, however, the consequences of a conviction lead to restrictions on behavior that are seemingly unrelated to the crime itself. Someone who has been convicted of any felony in Wisconsin faces an extreme example of this in the restriction of their Second Amendment rights. It is against the law for anyone convicted of a felony to possess a firearm in Wisconsin, and the penalties for doing so are severe. If you are facing charges for criminal gun possession and have a felony status, it is essential to retain an experienced, aggressive criminal defense lawyer right away.

Consequences For Felony Gun Possession

People are sometimes surprised to find themselves facing charges of a felon in possession of a firearm because they do not fully understand what constitutes “possession.” Does simply having a gun in your house count? What if you are staying at a friend's house, or a friend is staying at your house, and the friend has a gun? What if someone asks you to hold a gun for them, but you never intended to use the gun for anything? These are important questions and it is equally important to know the answers.

Knowingly having physical control of a gun - such as holding a gun in your hand or pocket for any reason - is possession. However, the law also recognizes something called “constructive possession,” which means that if someone has a gun in an area that he has control over, and he intended to exercise control over the gun, he could be charged with possession - even if he never touched the gun.


WI defense lawyerThe Second Amendment protects the rights of Americans to own and use firearms - however, this right is not absolute. There are limits as to who can or cannot own or carry a gun. There are restrictions related to age, criminal history, and even mental health. Even for those who lawfully own a gun and possess a valid concealed carry license, there are still restrictions about where concealed carry is or is not permitted. It is easier than you may think to inadvertently cross onto the wrong side of the law and find yourself facing weapons charges. If you have been charged with a weapons offense, it is important to find an attorney who is experienced at protecting the Second Amendment rights of concealed carry permit holders. The consequences of a weapons offense could include the loss of your license.

What Legal Restrictions Are Placed on Concealed Carry License Holders?

First, it is important to know that there are some places where carrying a gun is illegal even if you have a permit. These places include:

  • Courts - This includes any county, state, and federal courthouses. Buildings that contain a municipal courtroom are included only if court is in session.
  • School grounds - You cannot carry a firearm on any part of a school’s campus or grounds, even if school is not in session.
  • Police stations - Unless, of course, you are a police officer, it is illegal to bring a gun into any police station, sheriff’s office, or any office housing special agents for the Department of Justice’s Division of Criminal Investigation.
  • Jails - If you are planning on visiting someone in a jail or prison, remember to leave your gun behind. This restriction applies to any portion of a building that houses a secured correctional facility.
  • Mental health facilities - This applies only to secured mental health units, such as the Sand Ridge Secure Treatment Center. However, outpatient counseling offices may have their own policies about whether concealed carry is permitted inside.
  • Airports - You probably would not make it this far with a firearm, but it is a crime to bring a gun into any part of an airport past a security checkpoint.

Whether concealed carry is permitted in bars or other public places where alcohol is sold and consumed on the premises - like most restaurants - depends on whether you are partaking. It is illegal to carry your gun if you are under the influence. This is probably a good thing. Alcohol and guns do not mix any better than alcohol and cars.


Racine County Weapons Charges Defense LawyerWisconsin has gun laws that respect the rights of its citizens to engage in hunting, recreational gun ownership, and self-defense. However, people who have been convicted of a felony offense are prohibited from owning or possessing firearms and there are serious consequences for those convicted of illegal possession of a gun. If you are facing charges of illegal firearm possession, it is important to have a skilled and aggressive criminal defense lawyer who can help you build a case on your behalf. 

When Can Possession of a Firearm Be Illegal in Wisconsin? 

There are many situations in which a citizen may not be legally permitted to own or possess a firearm, but behavior related to felony convictions is one of the most common. Persons can be prohibited from having a gun in the following circumstances: 

  • A felony conviction

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