Felon in Possession of a Firearm

The Wisconsin Criminal Statutes prohibit certain people from possessing firearms.  Section 941.29 Wis. Stats., forbid those who have ever been convicted of a felony from possessing firearms.  There is no time limit on the age of the convictions that might come into play to allow a person to be charged.  50 year old Defendants with prior UN-reversed convictions from 30 years ago continue to be charged under this statute.  Adults with UN-reversed Juvenile adjudications which would have been Felonies had the Juvenile been an adult when the crime was committed are also subject to this statute.

In order to convict someone for illegally possessing a firearm contrary to sec. 941.29 Wis. Stats. the State needs to prove the following:

  • The Defendant possessed a firearm, or gun.  It does not matter if the gun is or was loaded.  It doesn’t even matter if the gun is capable of being fired.
  • For the purposes of this statute, to possess the gun, the government needs to prove either that the Defendant actually had physical control over the gun, or that the gun was in the area around the Defendant, and the Defendant intends to exercise control over the gun.

For example:  Oftentimes, Police pull vehicles over and they find a gun.  They might find 2, or 3, or 4 people in the car.  If one of the persons in the car had a prior Felony Conviction, it is almost certain that that person will be deemed to have possessed the gun, whether s/he even knew the gun was in the car.

With the rise of gun crimes across the State of Wisconsin, Felon in Possession of a Firearm, contrary to sec. 941.29 Wis. Stats. is a charge that is levied very frequently.  New laws have imposed a mandatory minimum penalty of 3 years in prison for those convicted of this charge.  If you or a loved one has been charged with this offense, you need an aggressive Wisconsin Criminal Defense Attorney.