Wisconsin Concealed Weapon Charges

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Wisconsin, Illinois and the District of Columbia are “no-issue” jurisdictions. This means they do not issue concealed weapon permits to anyone. But Wisconsin's status may change by the end of 2011. After the mid-term elections in November 2010, the legislature in Wisconsin shifted to a Republican majority. The Republican Scott Walker replaced the previous Democratic governor. It is expected that the state Congress will try to pass legislation legalizing residents to carry a concealed weapon with a permit.

Wisconsin's Weapon Laws

Though Wisconsin has some of the most restrictive gun laws, it does allow citizens to openly carry a firearm. However, handguns are strictly prohibited in the following locations:

  • Any public building
  • Any establishment that primarily serves alcoholic beverages
  • Any wildlife refuge area (unless the firearm is unloaded and in a carrying case)
  • Any gun-free school zone
  • Any state park or state fish hatchery (unless the firearm is unloaded and in a carrying case)

All firearms inside a motor vehicle must be unloaded and enclosed in a carrying device.

Weapon Violations in Wisconsin

Anyone who possesses a firearm during the commission of a crime will be given a much longer sentence. Weapon offenses and penalties are outlined in the table below.

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Class A misdemeanor

Carrying a firearm into any building leased or owned by the government

Carrying a handgun into an establishment that primarily serves alcoholic beverages on the premises

Carrying a concealed weapon

Carrying a dangerous weapon on school grounds (including BB gun, pellet gun or starter pistol)

Possessing a firearm while under the influence of any intoxicant

Endangering the safety of another by the negligent operation of a dangerous weapon

Discharging a firearm within 100 yards of any building devoted to human occupancy without the owner’s permission

Up to 9 months in county jail

Fine up to $10,000

 

Class I felony

Selling or lending a firearm to a person under the age of 18

Knowingly possessing a firearm in a school zone

Carrying a dangerous weapon on school grounds (second offense)

Up to 3 1/2 years in prison

Fine up to $10,000

Class H felony

Carrying, possessing, selling, transporting or manufacturing any electric weapon (i.e. stun gun)

Using or possessing a handgun along with armor-piercing bullets during the commission of a crime

Intentionally pointing a firearm at or toward a law enforcement officer, emergency medical technician, firefighter or any first responder

Up to 6 years in prison

Fine up to $10,000

Class G felony

Possessing a firearm if you are a convicted felon

Knowingly discharging or attempting to discharge a firearm in a school zone

Up to 10 years in prison

Fine up to $25,000

 

Class F felony

Intentionally discharging a firearm from a vehicle while on a highway or in a parking lot open to the public

Discharging a firearm at another person or toward any building or vehicle

Up to 12 1/2 years in prison

Fine up to $25,000

Wisconsin's Plea Options

At your initial court appearance, the conditions of release and bail considerations are discussed. The presiding judge will read the charges against you and ask you to enter a plea. Your options include:

  • Plead Guilty to the Offense—If you and prosecutor have worked out a plea bargain, you may be required to plead guilty to the lesser crime in open court. After this, the judge can immediately pronounce the sentence.
  • Plead Not Guilty—Most criminal defendants enter their first plea as not guilty because it gives them time to weigh their options and obtain legal counsel.
  • Plead No Contest—If you do not want to admit guilt for the crime, you can choose this option. You can still be found guilty in a criminal case but cannot be held accountable for your actions later in a civil suit.

Advice From a Wisconsin Criminal Defense Attorney

Wisconsin has some comparatively harsh gun control laws with serious penalties. If you are facing prison time, you probably need the skills of an experienced criminal defense attorney. Don’t take chances with your future by trying to work out a plea deal on your own. Contact an attorney immediately if you have been arrested and charged with a crime.

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