Felon In Possession Of A Firearm

State of Wisconsin Criminal Charges

Arrests for felon possessed firearm

A felon in possession of a firearm charge can be brought by the state of Wisconsin or the federal government (see federal felon in possession of a firearm charges). A person can be arrested by either or both agencies on charges for possession of a firearm, but in most cases, the charge is added to another felony or misdemeanor charge for which the alleged defendant was arrested.

Convicted Felons Cannot Possess Firearms

Under Wisconsin law, any person who has been previously convicted of a felony cannot be in possession of a firearm. The previous felony conviction need not be for any crime involving a gun. A prior felony conviction for purposes of this law can be a conviction for any felony, including a crime that would normally have been a misdemeanor but was enhanced to a felony on a technicality of the law. (See persons prohibited from possessing a firearm).

Possession of a gun - hand gun, rifle, pistol

Possession is a key element of the laws against a felon having a gun in his or her possession.

Defenses To Felon In Possession Charges

Possession is a key to the crime of a felon being in possession of a firearm, but often times, it is very difficult to prove that the defendant did not have possession of a firearm if he or she was arrested while in possession of it.

Conversely, a prior felony conviction may be defensible if you did not have an attorney during the prosecution of the crime for which you were allegedly convicted of a felony. In order to be a felon in possession of a firearm, there is a requirement that the person has a prior felony conviction (with some exceptions - see felon firearm possession exceptions). If you did not have an attorney for your old felony case, that case can now be challenged. If you are able to go back and challenge that old prior felony conviction on the grounds that you did not have a lawyer, then you cannot be convicted of as a felon in possession of a firearm because the old felony can no longer be used as the "prior" offense.

Free Initial Consultation With Attorney Corey Chirafisi

Attorney Chirafisi offers a free initial consultation to people who are under investigation for a crime, who are in custody for a crime, or who are charged with a crime in the state of Wisconsin. To arrange your free initial consultation, please contact Chirafisi Law Office at the telephone numbers below.

Telephone: 608.250.3500
Toll-free: 1.866.514.0647

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