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Waukesha County criminal defense attorney weapons violations

Almost one out of every five adults in the United States are living with some form of mental illness. Depression, anxiety, obsessive-compulsive disorder (OCD), schizophrenia, and other mental illnesses can range in severity from mild to debilitating. If you have been diagnosed with a mental illness, you may wonder how this could affect your gun rights in Wisconsin. You may ask, “Are people with a mental illness prohibited from owning firearms?” or “Will I be forced to surrender my firearms if I am a patient in a mental health facility?” It is important to understand Wisconsin gun laws in order to avoid criminal charges. 

Wisconsin Law Regarding Firearm Possession and Mental Health

The right to possess a firearm is granted by the Second Amendment to the U.S. Constitution. However, there are some situations in which a person can lose his or her gun rights. Possession of a firearm is a Class G felony criminal offense in Wisconsin if the person possessing the gun:

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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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Walworth County weapons violation defense attorney

For many pro-gun-ownership activists, the Second Amendment to the United States Constitution is often the go-to for debates over who should be permitted to own a firearm. According to the Second Amendment, all citizens have the right to bear arms, but the government has reserved the right to regulate ownership to the individual states. Each state and even the federal government has placed restrictions on gun ownership, specifying when an individual may be forbidden from owning or possessing firearms. Violating these laws can result in serious consequences in Wisconsin.

Wisconsin Gun Ownership Laws

In Wisconsin, there are certain people who are not permitted to purchase or possess a firearm. If you are caught in possession of a gun when you are not permitted to do so, you may face criminal charges. You could face illegal possession charges if you own or possess a firearm and you:

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Milwaukee County weapons violation attorney

Compared to many other states, Wisconsin has relatively lenient laws when it comes to firearms. While some states require all firearm owners to obtain a permit or license to legally purchase and possess firearms, Wisconsin does not. If you are legally permitted to own a firearm under federal law, you must pass a background check, and then you will be permitted to purchase a firearm. Even though Wisconsin’s gun laws may not seem as strict as other states’ laws, Wisconsin does take weapons violations seriously. Being convicted of a gun law violation could result in serious criminal penalties that could affect you for the rest of your life. If you are a firearm owner in Wisconsin, it is important that you understand the laws regarding carrying your gun in public.

Open Carry

Wisconsin is an open-carry state. This means that anyone who is legally permitted to possess or own a firearm is also permitted to carry his or her firearm on his or her person, as long as it is not concealed. There are certain exceptions to this rule, however. In Wisconsin, you are not permitted to openly carry a firearm:

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Dodge County weapons violation attorney

One of the things that makes the United States different from many other countries is that there are provisions guaranteeing citizens the right to own firearms written in the country’s Constitution. Even so, each state is allowed the freedom to create its own laws pertaining to firearms and other weapons. This has led to a disparity across states regarding what is and is not legal when it comes to firearm ownership and possession. Not only do you have to follow state laws, but you must also follow federal laws. Violating any state or federal firearms laws can result in serious charges that can carry stiff penalties. If you are a Wisconsin gun owner, the following are a few things you should know.

Requirements for Firearm Possession in Wisconsin

If you are a resident of Wisconsin, there are certain requirements you must meet before you can legally own and possess a firearm. Wisconsin law states that firearm owners:

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