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Bucher Law Group, LLC
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Milwaukee County gun violations defense attorney

The Second Amendment to the United States Constitution states that all American citizens have the right to “keep and bear arms.” While many people interpret that as being an inherent right, it is treated more like a privilege throughout the country. Gun ownership laws differ from state to state, but most states have set criteria or restrictions on who can legally own a firearm and how they can be possessed. Wisconsin is an "open carry" state, meaning it is legal to carry a firearm if you are legally allowed to possess it, and it is readily visible while you are carrying it. If you conceal the firearm, you must also possess a license to carry a concealed weapon. Even if you simply want to own a gun, certain offenses may prevent you from being able to legally possess a firearm in Wisconsin, which can lead to criminal charges. Potential reasons that you may be barred from owning a gun include:

You Were Convicted of a Wisconsin Felony

It is both a federal and a state law that you cannot possess a firearm if you have been convicted of a felony. In Wisconsin, you are not permitted to own or purchase a firearm if you have been convicted of a crime such as murder, sexual assault, battery, burglary, or any other felony.

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Waukesha County weapons violation defense lawyer

Gun laws have been a hot topic for lawmakers and other government officials for the past couple of years. According to the Gun Violence Archive, there have been 261 mass shootings (defined as incidents in which four or more people are shot or killed) in the United States so far in 2019. In the wake of the latest mass shootings in Texas and Ohio, which killed 22 and 10 people respectively, Wisconsin lawmakers have been discussing the possibility of new gun laws. The proposed legislation includes bills to make universal background checks a requirement, along with the implementation of red-flag laws.

Current Background Check Requirements

Federal law currently dictates that all people purchasing guns from licensed dealers must complete a background check. This does not include guns that are sold from person to person or guns that are purchased at gun shows. The new law proposing expanded background checks would require a background check to be completed for almost all gun sales or transfers, except for sales or transfers to a firearms dealer, law enforcement, or armed service agencies.

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Milwaukee County firearms violation defense lawyer

In today’s world, it seems as if we are seeing a news story every other day about how a person has used a firearm to commit atrocious crimes. Because of this, more local and state laws are being passed in order to change existing gun laws and make them more strict. Wisconsin has a long history of being a pro-gun state, but in recent years, it has also strengthened its gun laws. In certain situations, there are mandatory minimums when it comes to sentencing for some gun crimes. These mandatory minimums are typically only required for a felony or repeat offender, but they can greatly affect the outcome of a firearms violation case.

Possession of a Firearm

According to Wisconsin law, anyone who has been convicted of a prior felony is not permitted to possess a firearm. If he or she is caught in possession of a firearm, he or she will be charged with a Class G felony, which carries possible penalties of up to 10 years in prison, up to $25,000 in fines, or a combination of both.

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Delafield, WI weapons lawyer

The state of Wisconsin has had a long relationship with firearms. Since Wisconsin was admitted to the United States and the Constitution of Wisconsin was adopted in 1848, citizens have been given the right to “keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.” In Wisconsin, both open carry and concealed carry are legal, although they both have different requirements. Concealed carry requires a person to have a permit, while open carry does not. Not knowing open carry laws can result in weapons charges, which is why it is important to know the laws before you carry.

Wisconsin Gun Laws

The state of Wisconsin is an open carry state, meaning you are legally permitted to carry a loaded weapon in public. Open carry does not require a permit or license to legally do so. A person is considered to be openly carrying a gun if the gun is in plain view while you are in public. If the gun is hidden from ordinary view, then it is considered to be concealed and you must have a permit to legally carry the firearm. You must also be at least 18 years old to openly carry a gun in Wisconsin.

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Waukesha County Gun Violation Lawyer

While the United States Constitution guarantees every U.S. citizen the right to bear arms, it is treated more like a privilege throughout the country. This is especially true when it comes to citizens carrying concealed weapons. In some states, you do not need a permit to carry a concealed weapon. In other states, including Wisconsin, you must apply to receive a permit in order to legally carry a concealed weapon.

Gun laws can be complex, which is why it is important to do your research before you become a firearm owner. If you do not, you could risk breaking the law without knowing it. 

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