Weapons Crimes
Have the police charged you with a weapons offense? Many weapons convictions impose significant punishments due to the seriousness of these crimes. As a result, you need dedicated legal advocates who will fight to secure a favorable resolution to your charges. Contact Nolan Defense Alliance for an initial case evaluation to discuss how an experienced Wisconsin criminal defense attorney can support you.
Types of Weapons Offenses We Handle
At Nolan Defense Alliance, our criminal defense attorneys represent clients facing weapons charges under Wisconsin law, such as:
A person may face criminal prosecution for endangering someone else’s safety by:
- Negligently operating or handling a dangerous weapon
- Arming themselves with a firearm while under the influence
- Intentionally pointing a firearm at another person
- Discharging a firearm within 100 yards of a building on someone else’s property without their permission
Any of these actions constitutes a Class A misdemeanor.
A person may also commit a crime by:
- Intentionally pointing a firearm at an on-duty first responder
- Intentionally discharging a firearm into a vehicle or building under circumstances in which one should realize that people might occupy the vehicle or building
- Setting a spring gun
- Intentionally discharging a firearm from a vehicle on a public road or in a parking lot open to the public toward another individual or any building or vehicle
Engaging in any of the above actions constitutes a felony offense graded as a Class F, G, or H felony.
Unlawful Possession of a Firearm
In Wisconsin, a person may not possess a firearm if they:
- Have a prior felony conviction in Wisconsin. Firearm possession by a felon in Wisconsin is serious.
- Have a conviction in another jurisdiction for an offense that, if committed in Wisconsin, would constitute a felony under state law
- Have an adjudication of delinquency for an act committed on or after April 21, 1994, that, if committed by an adult in Wisconsin, would constitute a felony under state law
- Have been found not guilty by reason of mental defect for a felony under Wisconsin law or an offense committed in another jurisdiction that, if committed in Wisconsin, would constitute a felony under state law
- Have been committed for mental health treatment and have an order not to possess firearms
- Are subject to an order not to possess firearms
Unlawful possession of a firearm in Wisconsin constitutes a Class G felony.
Unlawful Possession of Machine Guns or Fully Automatic Firearms
Wisconsin law prohibits individuals from possessing, transporting, using, or selling a machine gun or fully automatic firearm. Furthermore, the law prohibits a person from modifying a firearm not designed to shoot more than one shot without manual reloading by a single pull of the trigger to shoot more than one shot with a single trigger pull. However, the law does not apply to machine guns or fully automatic firearms used by armed forces or National Guard personnel, civil law enforcement officers of the state or any city or county, or any person licensed by the U.S. Treasury Department to collect firearms as curios or relics. Violating the prohibition on machine guns can result in a Class H or F felony charge.
Unlawful Possession of Short-Barreled Shotguns or Rifles
Wisconsin prohibits the possession of a short-barreled shotgun or rifle, making such possession a Class H felony. However, the law does not apply to armed forces or National Guard personnel, civil law enforcement officers of the state or any city or county, or any person licensed by the state or federal government. The law also does not apply to any firearm lawfully possessed under federal law or any firearm lawfully registerable before the enactment of the National Firearms Act.
Straw Purchases of Firearms
A person commits the crime of making a “straw purchase” of a firearm if they intentionally purchase, possess, or furnish a firearm for a person, knowing that person cannot possess a firearm under Wisconsin law. Doing so constitutes a Class G felony.
Unlawfully Carrying a Concealed Weapon
A person can commit a Class A misdemeanor if they carry a concealed weapon. The person must have knowledge of the presence of the weapon and the weapon must be hidden from ordinary observation. Possession can be “actual” or “constructive.” Those distinctions can be instrumental in your case, and you should consult with an attorney who understands the nuance that could mean the difference between guilt and innocence. A person is exempted from the general prohibition on carrying a concealed weapon if they are:
- A peace officer
- A tactical emergency services professional
- A qualified out-of-state law enforcement officer carrying a non-silenced firearm, other than machine guns, while not under the influence of an intoxicant
- A former police officer with a photographic identification document
- An individual licensed by Wisconsin or carrying an out-of-state license recognized by Wisconsin that authorizes the concealed carrying of firearms
Unlawfully Carrying a Firearm into a Public Building
Entering a building owned or leased by a state or local government in Wisconsin commits a Class A misdemeanor while armed with a firearm commits a Class A misdemeanor, unless the person is:
- A peace officer
- A member of the U.S. Armed Forces
- A person duly authorized by a chief of police, sheriff, or chief of capital police to possess a firearm in a public building
- A qualified out-of-state law enforcement officer
- A former law enforcement officer
- A concealed carry license-holder
Carrying a Handgun into an Alcoholic Beverage Establishment
A person commits a Class A misdemeanor by entering any establishment holding a Class B license to sell alcoholic beverages while armed with a handgun unless the person is:
- A peace officer
- A corrections officer armed in the line of duty
- A member of the U.S. Armed Forces or National Guard armed in the line of duty
- A private security officer covered by a license armed in the line of duty
- A qualified out-of-state law enforcement officer
- A former law enforcement officer
- A concealed carry licensee who does not consume alcohol at the establishment
- The owner of the establishment or an employee authorized by the owner of the establishment to possess a handgun
Consequences of a Weapons Conviction
A weapons conviction can impose various penalties on defendants, with penalties depending on the grading of an offense. Criminal sentences for weapons offenses in Wisconsin include:
- Class F Felony – Up to 12 years and six months in prison, a fine of up to $25,000, or both
- Class G Felony – Up to 10 years in prison, a fine of up to $10,000, or both
- Class H Felony – Up to six years in prison, a fine of up to $10,000, or both
- Class A Misdemeanor – Up to nine months in jail, a fine of up to $10,000, or both
How Can an Attorney Help You Face Prosecution for a Weapons Offense?
When prosecutors charge you with a weapons crime, the experienced Milwaukee criminal defense lawyers from Nolan Defense Alliance can help you seek a favorable resolution to your prosecution by:
- Investigating your charges to find evidence to build your defense
- Evaluating legal avenues to secure a favorable resolution to your charges
- Explaining your charges and the potential outcomes so you can make informed decisions about how to respond to your charges
- Protecting your rights through your criminal prosecution, including seeking to exclude unlawfully obtained evidence from the prosecution’s case
- Fighting for the best possible outcome under the circumstances, even if that means going to trial to defend your rights, reputation, and future
To better understand how we show up to aggressively represent and defend our clients, view our case results.
Contact Our Firm Today to Discuss Your Charges
After getting arrested for a weapons offense, an experienced criminal defense attorney can help you protect your rights and future. Contact Nolan Defense Alliance today for a confidential consultation with our legal team to discuss your options for pursuing a favorable resolution to your charges.