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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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Racine County criminal defense attorney aggravated charges

The time spent in the criminal justice system begins when a person is arrested. After an arrest, an individual will be charged with a crime if the prosecution finds that there is enough evidence to do so. Next, the alleged offender and his or her attorney may be able to reach a plea bargain with the prosecution, or the case may proceed to trial. Once everything is said and done, a judge will deliver a sentence for the crime if the defendant is convicted or pleads guilty. In Wisconsin, each crime has a different classification, which typically depends on the seriousness and nature of the offense. In some cases, the prosecution can push to have a sentence increased if there are aggravating factors present. That is why it is important to understand what circumstances can lead to harsher sentencing.

Examples of Aggravating Factors

Typically, there are a variety of factors that can increase the severity of the sentence for a crime. These are usually referred to as aggravating factors, and they may include anything from the location where the crime allegedly took place to the damage allegedly caused by the crime. In Wisconsin, there are various actions or behaviors that could affect a person’s sentence. These may include:

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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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