Who can't own a gun in Wisconsin?

 Posted on July 11, 2017 in Criminal Defense

The Second Amendment famously gives people in the United States -- including Wisconsin -- the right to bear arms. However, don't make the mistake of thinking that this right extends to everyone or can't be taken away. Under certain circumstances, it can, and not everyone is allowed to own a gun.

For example, under state law, anyone who has been charged with and then convicted of a felony is barred from owning a gun. If you have felony assault charges on your record, for example, then it's illegal to own a gun, even if you acquired it lawfully in the past.

The law also extends to say that it's illegal for anyone to own a gun if he or she has been convicted of a crime in another state, if that crime would have been a felony in Wisconsin. While many felonies are the same everywhere, this shows that you can't simply move to another state and get your gun ownership rights back. If you lost them in Michigan or California, you also lost them in Wisconsin.

Finally, state law says that those who are not convicted on the basis of insanity or mental defect are also not able to own firearms. These pleas can sometimes get a person out of the initial charges -- claiming he or she was not mentally capable of understanding the crime, for instance -- but Wisconsin says that's not enough for the gun ownership rights to stay in place.

Are you facing weapons charges for owning a gun that you perhaps didn't realize you weren't allowed to possess? Be sure you know your legal defense options.

Source: FindLaw, "Wisconsin Gun Control Laws," accessed July 05, 2017