Criminal Convictions and Gun Rights

Know your rights to own a firearm in Wisconsin

Gun ownership and gun rights continue to be important to many in Wisconsin and across the United States. That said, both federal and state laws impose some restrictions on who has a right to possess firearms. This is one of the many consequences of a criminal conviction. If you are charged with a crime, contact an experienced criminal lawyer right away.

Federal Law

Under federal law, anyone convicted of a felony is prohibited from possessing a gun. In addition, if you have a misdemeanor conviction or a domestic violence restraining order against you, federal law similarly prevents you from possessing firearms. In both cases, Congress determined that the risk of those convicted of these crimes forfeit their usual Second Amendment rights.

Wisconsin Felonies and Misdemeanors

Wisconsin mirrors the federal law in some respects, but adds disqualifying factors as well. Conviction of a Wisconsin felony, not a misdemeanor, will lead to prohibitions on gun possession. In addition, a felony conviction from another state will prohibit you in Wisconsin from possessing a firearm, even if there is no Wisconsin statute you have violated. Finally, being found not guilty due to a mental defect or disease is considered dangerous enough for Wisconsin to prohibit you from possessing a firearm.

Other Criminal Situations

Criminal convictions and mental illness are not the only routes to prohibition. If you are under any requirement to complete substance abuse training in Wisconsin, you will be legally prohibited from possessing a gun. Finally, Wisconsin adds in a catchall for people under any order that prohibits possession of a firearm.

Governor’s Pardon

Once you are convicted of a felony, you may become eligible for a pardon from the Wisconsin governor that restores your possession rights. To earn this, you must have completed your sentence at least five years ago, and you cannot have been convicted of another crime since completing the sentence. 

Any criminal charge can put your Second Amendment rights in jeopardy. If you have been arrested, contact Eisenberg Law Offices online or at (608)256-8356 for assistance.