The right to bear arms is a constitutional right outlined in the Second Amendment. However, the right to bear arms does not give gun owners carte blanche to carry their weapons anywhere at any time. Each state has specific rules governing concealed possession of firearms. Breaking these rules can land you in legal hot water and may cost you your freedom.
At Hart Powell, S.C., our experienced team of Milwaukee firearm offense attorneys understands that keeping up with changing gun laws can be challenging. Although Wisconsin is generally a gun-friendly state, violating the state’s firearm possession law can mean stiff consequences.
Have you been arrested for concealed possession? Discuss your situation with a skilled defense attorney immediately. At Hart Powell, S.C., we are committing to protecting your legal rights and helping you fight the charges against you. Set up a confidential consultation today. Call our Milwaukee office at (414) 271-9595.
What Is Concealed Possession?
Gun laws vary by state. Wisconsin is an open carry state, meaning individuals over 18 years of age are legally allowed to possess and carry a firearm in public as long as the weapon is not concealed. Open carry applies to most public spaces, but not all. For example, you cannot carry a firearm into a police station, prison, airport, or courthouse.
Wisconsin does have laws on the books prohibiting individuals from carrying concealed firearms. A concealed firearm is any firearm that is hidden or not immediately visible. If a shirt or jacket covers your gun, even if the gun is in its holster, that is legally considered a concealed weapon. Placing a gun in your purse, under your car seat, or in a glovebox also falls under the umbrella of concealed possession.
Only individuals with a valid concealed carry weapon or CCW license are permitted to carry concealed weapons. To obtain a CCW license in Wisconsin, individuals must be at least 21 years old. Individuals must also have a valid Wisconsin driver’s license or ID, provide proof they have completed an accredited firearm training safety course, and meet all federal law requirements. Those with a felony conviction on their criminal record or individuals court-ordered not to possess a firearm cannot apply for a CCW license.
Penalties for Concealed Possession
In Wisconsin, concealed possession is a Class A misdemeanor offense. A conviction for concealed possession of a firearm can result in the following penalties:
- Fines up to $10,000
- Imprisonment for up to 9 months
Penalties may be more severe if you are drunk while in possession of a concealed firearm or are a convicted felon in possession of a concealed firearm.
In addition to the legal consequences, a criminal conviction can also impact your reputation and financial stability. A criminal conviction may also hurt your employment and educational opportunities.
Defense Strategies for Concealed Possession Charges
Several defense strategies may help you fight the concealed possession charges against you. To a certain degree, visibility can be subjective. An individual may not intend to hide their weapon and believe it to be suitably visible. Law enforcement may have a different opinion. It will be up to prosecutors to prove beyond a reasonable doubt that you knew about the weapon and attempted to conceal it. A strong defense plan can help counter the prosecution’s arguments.
Since concealed possession laws vary by state, concealing a weapon may also be an unfortunate accident. An individual may not even realize they are violating Wisconsin state laws. There can be a lot of confusion about weapons laws when individuals visit or move to different states.
An experienced criminal defense attorney can review your arrest and outline suitable defense tactics for your situation. At Hart Powell, S.C., we look at a case from all angles. We extensively analyze the circumstances of your offense, searching for discrepancies, inconsistencies, and misconduct. Our legal team also investigates how law enforcement handled your arrest and whether there were any violations of your rights. Our goal is to protect you and craft a defense strategy that offers the best chance of obtaining a favorable resolution to your case.
Do You Need a Concealed Possession Defense Attorney?
You may think a misdemeanor firearm offense is no big deal. Think again. A concealed possession conviction can have long-reaching consequences on your life and financial stability. Do not try to beat the charges against you alone. If you are arrested for a concealed possession offense, immediately contact an experienced Milwaukee defense attorney.
You do not automatically lose your rights just because you have been arrested or charged with a crime. At Hart Powell, S.C., our legal team aggressively protects you. We manage communication between you and law enforcement and dedicate our time to proactively addressing your legal situation. Our team understands the repercussions you can potentially face for a concealed possession conviction, which is why we work hard to create a defense strategy tailored to the specifics of your case. We want to increase your chances of having the charges against you dropped or reduced.
Do not waste precious time trying to talk yourself out of this situation. The moment you are arrested, law enforcement and prosecutors work together to build a case against you. Fight back and let a skilled defense attorney craft a compelling case on your behalf. If you are arrested for or charged with concealed possession, ask to talk to a defense attorney and then exercise your right to keep silent.
Contact an Experienced Milwaukee Firearm Offense Attorney Today
A concealed possession charge doesn’t have to derail your life. No matter how complex the case, the knowledgeable Milwaukee criminal defense attorneys with Hart Powell, S.C. have the resources and skills to help you challenge the charges against you.
Ready to discuss your case and secure high-quality legal representation? Contact the criminal defense team at Hart Powell, S.C. today. Call our Milwaukee office at (414) 271-9595 to set up a confidential case review. Let our legal team help you resolve this frightening situation in the most favorable way possible.