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Bucher Law Group, LLC

Walworth County criminal defense attorney weapons violation

In Wisconsin, most adults are legally permitted to own a firearm without requiring a special license. However, one situation in which a person can be prohibited from possessing a firearm is after a conviction for a felony offense. The consequences of illegal possession of a gun after a felony conviction can be severe, and it is important that you know how to avoid them. However, if you or someone you know is facing such charges, an experienced criminal defense attorney can build a strong case on your behalf to reduce your charges or avoid another conviction altogether.

Consequences of Illegal Possession of a Firearm in Wisconsin

You may be prohibited from possessing a gun not only if you have been convicted of a felony in Wisconsin, but also if you have been convicted of an offense in another state that would be considered a felony in Wisconsin, if you have been found not guilty of a felony due to mental illness, or if you have been issued a judgment of juvenile delinquency for an offense that is considered a felony for an adult.

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Jefferson County criminal defense attorney weapons violation

The Second Amendment to The Constitution grants United States citizens the right to keep and bear arms. After recent events in Kenosha, questions about Wisconsin’s gun laws are in the national spotlight. Now, as always, it is important for Wisconsin gun owners to have a strong understanding of the state’s weapons laws, especially those regarding open carry, so you can exercise your rights legally and safely.

Understanding Wisconsin’s Open Carry Laws

Wisconsin allows most adults to purchase firearms without the need for a special license, and to openly carry loaded or unloaded guns that have been legally purchased in most public areas. This protects responsible gun owners from facing criminal charges in a wide range of scenarios and promotes their ability to exercise their Second Amendment rights. However, there are some situations in which openly carrying a gun may result in criminal charges, including:

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Waukesha County criminal defense attorney weapons violation

The topic of gun control in the United States is often debated between those people who want stricter legislation and those citizens who want to protect their constitutional rights. In Wisconsin, legal gun owners are allowed to openly carry a loaded firearm in most public places without a special license. However, anyone exercising their Second Amendment right to bear arms should be aware that there are certain public areas in which Wisconsin does not permit the open carry of guns. It is important to be aware of the laws in order to avoid weapons violations that may lead to criminal charges.

Exceptions to Wisconsin’s Open Carry Law

In the interest of public safety, Wisconsin law specifies some public locations in which the open carry of a firearm is not permitted. These places include:

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Walworth County criminal defense attorney weapons violation

Guns can be dangerous and downright deadly weapons in the hands of some people. Even if you do not mean any harm, firearms are capable of serious injuries. Just recently, two separate firearm-related incidents resulted in non-life-threatening injuries to two Wisconsin residents. One woman accidentally shot herself in the leg after illegally carrying her firearm inside of a waterpark and attempting to store it in the trunk of her car. Police state she may be facing charges for carrying a concealed weapon without a permit. The other incident occurred when a man tried to shoot a woodchuck that was on his property, but missed and ended up hitting a nearby 80-year-old golfer. That is why it is imperative that Wisconsin gun owners understand the laws pertaining to the possession and carry of firearms in order to avoid serious criminal charges. 

Wisconsin Gun Laws

There are reasons why laws are created and enacted -- there was a need for them. Laws concerning firearms are always highly debated for their constitutionality and Wisconsin is rather liberal when it comes to firearm ownership, compared to other states. However, Wisconsin does have some laws that specifically prohibit certain kinds of behavior from firearm owners:

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Ozaukee County gun charges defense attorney

In recent years, the number of gun-related injuries and accidents reported has increased significantly. According to the Centers for Disease Control and Prevention (CDC), there were nearly 40,000 firearm-related deaths in 2018. In Wisconsin alone, there were nearly 600 firearm-related deaths, or approximately 10 deaths for every 100,000 Wisconsin citizens. Because of this, lawmakers across the country have introduced laws that would create extreme risk protection orders for individuals who are likely to commit a crime with their firearms. These laws, also known as “red flag” laws, have been thought to reduce gun crime, but many citizens have objected to these laws, citing an interference of their constitutional rights. It is important to understand what constitutes these violations if you or someone you know is facing any criminal charges.

What Are Red Flag Laws?

Red flag laws, also called extreme risk protection orders, is a legal tool that allows the government to remove firearms from the possession of people who have been found to be at a high risk of committing violence. Currently, 17 states and the District of Columbia have adopted some form of a red flag law. Like gun laws, red flag laws vary by state, but they all tend to have similar elements.

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