Even though Wisconsin’s gun laws are continuing to change, state and federal authorities still prosecute a large number of cases of illegal firearm possession. Most people know that federal law prohibits possession of a firearm by anyone with a felony conviction. But did you know that it is illegal to possess a firearm if you have been convicted of a domestic violence misdemeanor – even if it was disorderly conduct conviction from a shouting match between husband and wife. Federal law also prohibits possession of a firearm by illegal aliens, or by those who have been dishonorably discharged from military service, or by illegal drug users. Knowingly providing a firearm to a “prohibited person” is also a federal crime – so don’t even think about inviting your old buddies on a hunting trip if you think they may have been convicted of a crime in the past.
The U.S. Supreme Court recently declared that the right to possess a firearm is a fundamental right. But that ruling may not help most people who are accused of illegal possession. Challenging police searches and seizures continues to be an important defense tool. Establishing other defenses – like necessity or self-defense – require experience, good judgment, and hard work.