Know the Facts to Avoid Weapons Charges in Wisconsin

Many Americans carry weapons for self-defense, hunting, or recreation. But each state has its own laws regarding the ownership, use, and carrying of weapons. Ignorance of local laws can result in unexpected weapons charges if you are found to be in violation of the law even if you didn’t engage in any other criminal activity. Below, we share some important facts about Wisconsin’s weapon-carrying laws to help you avoid being brought up on weapons charges.

Facts About Wisconsin Weapon Carrying Laws

Along with the U.S. Constitution, Article I, Section 25 of the Wisconsin State Constitution protects “the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.” However, there are rules surrounding this law that you should be aware of in order to avoid weapons charges.

• Open carry state. Although Wisconsin is an open carry state, there are restrictions on the presence of certain types of weapons in certain areas. For example, you cannot carry a weapon openly inside your vehicle, nor can you possess an automatic weapon and you cannot openly carry it in a public building or anyplace where alcohol is served.
• The Castle Doctrine. The state provides special protections for weapons through Castle Doctrine Specifically, you are free to wield, carry, or store a legal weapon anywhere within your own home.
• Concealed Carry. You must have a concealed carry permit in order to carry a firearm or electric shock device in a hidden location on your person. Any location that is not in sight of the people nearby is considered concealed.
• Explosive Devices. It is illegal to possess any type of explosive device or substance that is intended to disable a person other than pepper spray/oleoresin of capsicum.
• Reciprocity Laws. State reciprocity laws mean that out-of-state licenses are considered legally equivalent to Wisconsin state licenses and provide all of the same privileges.
• Felony Charges. A felony charge from any state negates firearms privileges in the state.
• Domestic Abuse. Anyone who has received an injunction against them for domestic abuse is unable to own or possess any type of dangerous weapon.
• Weapons Modifications. Intentionally modifying a weapon to make it more dangerous is specifically outlawed in the state. As is possessing a machine gun or weaponizing a drone.

Weapons Charges Can Result in Misdemeanor or Felony Convictions

If you are arrested for violating a Wisconsin weapons law, you could be charged with a felony or misdemeanor. It all depends on the type of weapon that was involved, where the incident occurred and the particulars of the situation in question. Penalties range from thousands of dollars in fines and jail to prison time. Finally, if you are arrested or ticketed under state weapons laws, your weapon may be confiscated as evidence. If it is an illegal weapon, you will not get it back.

Weapons Charges Defense at Eisenberg Law

Building a defense against weapons charges depends on the specific facts of the case, the evidence against you, and your criminal record (if any). It is never a good idea to try and defend yourself against these types of charges. There are many nuances in case circumstances as well as existing laws and past cases that could help or hinder your case. You need the expertise of a Wisconsin criminal defense attorney to help you research past cases, apply legal precedent to your case, and then argue those points effectively in court.

The criminal defense attorneys at Eisenberg Law Offices are experienced and effective advocates for our clients. We can help you fight Wisconsin weapons charges by building a defense that fits your situation. Contact us for a free, confidential, and no-obligation consultation today. Arrange your consultation at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org.