Firearm Offenses Carry Stiff Penalties
Why Hire Us?
At the law offices of Levine Law, we handle a wide range of firearm offense cases in state and federal courts throughout Wisconsin. We proudly serve Milwaukee and southeastern Wisconsin. We have built a reputation for excellence in cases involving even the most complex legal and factual issues.
Gun Crimes - Table of Contents
Cases We Handle
Concealed carry, and open carry, are legal in the state of Wisconsin for legal aged citizens that have not been specifically prohibited from possessing a gun.
However, there are a variety of reasons in which it is illegal for a person to own or possess a firearm.
- Any person that has been convicted of a felony cannot carry or possess a gun.
- A person that is currently a subject of a restraining order for domestic or child abuse cannot carry or have a gun in their possession.
- There are various public buildings in which it is illegal to possess a gun, including schools, airpots, courtrooms, and more.
In addition to the statutes listed above, there are several other gun control laws that can lead to jail time and fines if you’re convicted. That’s why it’s important to contact the attorneys at Levine Law if you’re being charged with unlawful possession of a firearm. Make sure you have experienced attorneys by your side to fight for your rights.
Concealed Firearm Possession
Although the right to bear arms is a constitutional right, concealed carry varies from state to state. In Wisconsin, residents are required to have a valid concealed carry permit (CCW permit) to carry a concealed firearm on their person or in their vehicle. Additionally, residents of other states need a license/permit from a state Wisconsin honors.
If you believe you’ve been falsely accused of carrying a concealed firearm, contact the experienced lawyers at Levine Law. We’ll make sure you have the representation you need to fight for your rights.
Selling Firearms in Wisconsin
Unlawful sales of firearms in Wisconsin can lead to serious charges. Licensed Wisconsin firearm dealers not longer have a waiting period to sell but are federally required to run a background check that may take up to 5 days. Private sales of firearms in Wisconsin is legal but rules must be followed to properly transfer ownership.
Additionally, a Wiscosin gun bill of sale is a required document that provides proof that the legal sale or trade of a firearm has been completed. This document provides both the buyer and seller evidence of a legal change of ownership. This document must be notarized. Personal and dealers selling firearms have to identify any reason why the buyer may be disqualified from purchasing a firearm.
There are several stipulations that state a sale of a firearm may be illegal if the buyer:
- Has been convicted of a felony
- Is under the age of 21 or a long gun sale to a person under the age of 18
- Has documental mental health conditions
- Has domestic violence offense charges
- Has restraining orders against them
- Has coommitted to an alcoholic treatment center
- Has court ordered firearm restrictions
With many firearm sale regulations, it’s advised to take extreme caution when selling. If you find yourself facing charades from a sale of a fiream, contact Levine Law to ensure you have the right attorney by your side.
Transporting a Firearm in Wisconsin
Transporting a firearm in a vehicle in Wisconsin can be done legally, but there are laws that vary by the type of firearm. In Wisconsin, you can legally transport a concealed, loaded handgun if you have a valid CCW permit. However, this only applies to handguns. Rifles, shotguns, and other firearms are not to be loaded or concealed while transporting them.
Because there are so many variables and different rules regarding transportation of a firearm in Wisconsin, it’s not uncommon to be unfairly accused. If you believe you have a case, make sure you get the representation you need be contacting our team at Levine Law.
Unlawful Discharge of a Firearm
Firearms are extremely dangerous and for that reason there are numerous laws in the United States to help prevent injuries or death. Wisconsin laws can be strict and include restrictions like prohibiting discharge of a firearm while intoxicated or aiming a weapon at another person. Violation of these laws can have stiff penalties. If charged with an unlawful discharge of a firearm offense, remember your rights. Contact a professional attorney to help represent you and protect your rights.
Illegal Trafficking in Firearms
You can end up in a tricky situation resulting in serious punishments if charged with firearm trafficking. Some of these charges can range from the type of firearm possession, to crimes committed with the firearm. These are heavy charges if not taken seriously. If you’re charged with trafficking firearms and need the right people to defend you, call us today.
Frequently Asked Gun Crime Questions For Wisconsin
The Second Amendment provides gun owners with specific protections. However, the right to bear arms is not absolute. Current laws provide substantial consequences for firearms offenses such as illegal possession of firearms. Public opinions about guns in some sectors may influence authorities to aggressively prosecute gun crimes. Firearms offenses range from minor state misdemeanors to federal felony offenses which can mean years in prison.
Illegal possession of a firearm: If you are a convicted felon, you are prohibited from owning or possessing a firearm and you can be charged with another felony for this offense. Additionally, if there is a restraining order against you, you may be prohibited from possessing a firearm.
However, not all felonies restrict your right to own a gun. A white-collar crime may include a year or longer in prison, but that doesn’t necessarily infringe upon your right to own a gun since the offense was nonviolent.
Read about other loopholes for owning a gun as a felon.
At Levine Law in Milwaukee, we aggressively represent clients charged with all types of firearms offenses at every level. Our goal is to safeguard rights and obtain the most favorable outcome possible.
Contact us online or call us at 414-271-9585 if you have been charged.
Many other factors beyond being a convicted felon can disqualify a person from owning a gun in the state of Wisconsin. Persons who have been convicted of any misdemeanor crime of domestic violence, persons who have been committed to a mental institution, those who have suffered from drug or controlled substance addiction within the last year, and military personnel who have been dishonorably discharged are all prohibited from owning a firearm under Wisconsin State Statute 941.29.
Levine Law can help defend your 2nd amendment rights.
Contact us online or call us at 414-271-9585 to speak with a gun crime lawyer.
Carrying a concealed weapon: Without a conceal and carry permit (or open carry), it is illegal for you to carry a dangerous weapon concealed on your person or in your vehicle or have it within your reach.
Open carry is permitted in Wisconsin to anyone 18 years or older who is legally entitled to carry a handgun. However, Wisconsin gun owners need a concealed carry permit to conceal a loaded handgun within reach in a vehicle. Gun owners must renew their concealed carry Wisconsin license every five years.
Possession of illegal weapons: Certain types of weapons are prohibited under the law. This includes short-barreled or sawed-off shotguns. Machine guns are legal if they are registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as your local sheriff or chief of police.
Federal crimes are generally more serious than state-level offenses, and conviction can result in a mandatory minimum sentence in a federal prison. Additionally, federal cases often involve a variety of charges related to the crime, like, unlawful possession of a firearm. As a result, it is important that you work with an attorney who has experience defending clients against federal criminal charges.
We handle firearms offenses and related cases involving crimes such as:
- Gun trafficking and illegal sale or transport of firearms
- Possession of a firearm by a prohibited person
- Sale of a firearm to a prohibited person
- Possession of an illegal weapon
- Use of a firearm in connection with a violent crime or drug trafficking
Gun violence is some of the most dangerous because of the weapons being used. A single shot has the potential to kill, putting others’ lives at risk. Normally, there is no good reason to use a weapon against another person.
In your case, you were at home when someone broke in. You felt threatened, and you used your weapon to defend yourself. Was it legal to use lethal force?
Anyone purchasing or selling a gun should call the Crime Information Bureau – Handgun Hotline before making any sort of transaction surrounding a weapon. Federal Firearm Licensees (FFLs) are retailers legally permitted to sell firearms and have undergone a background check and safety training. If you are not licensed to sell or own a gun in Wisconsin, you could be charged with a Class G felony, potentially up to 10 years in prison.
It’s always advised to hire a lawyer that has your best interests in mind to ensure your case goes smoothly. If you find yourself facing charges involving a firearm you need skilled lawyers on your side. The attorneys at Levine Law have the knowledge and experience to get you the results you deserve for your case.
Legal cases typically take between 1-2 years to resolve. If a lawsuit must be filed, a trial date may take anywhere from 12-18 months to be set, depending on the factors involved, cooperation of parties, and volume of cases in the system. Other things that may lengthen the process of a case are the completion of medical treatment and doctor’s bills, police reports, or insurance claims. Our attorneys want to ensure that all bills and documentation are finalized to maximize compensation for the victim or to guarantee fairness for both parties.
Gun Offense Resources
If you have a felony on your record, it might be difficult for you to obtain a firearm. However, there are paths to re-obtaining the ability to purchase one. This article contains information that may help you navigate the process.
Gun violence is a topic that many people don’t bring up due to the conflict it can cause. Some believe that guns reduce violence. Others believe they cause it.