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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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can a felon own a muzzleloader in wisconsin

Customer Question

can a felon own a muzzleloader in wisconsin?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Bappelman replied 5 years ago.
Hello,

Unfortunately in Wisconsin a Felon cannot own any firearm without first getting a pardon from the governor. Wisc. Stat.s. 941.29 (5) (b).

You can petition the governor for a pardon, but they are seldom granted.

This is a Federal Law as well that felons cannot own firearms. Certain states will grant the ability to own a firearm back to felons, but there is a long waiting period after their sentence to have that happen.

Sorry to have to tell you the bad news, but that is what he law says currently.
Customer: replied 5 years ago.

But the local Gun smith told me diffrently! And he would know, seeing as its his ass on the line.

Expert:  Bappelman replied 5 years ago.
OK.

You can listen to the gun smith (who wants to sell you a gun), or you can follow the law:

941.29 Possession of a firearm.

941.29(1)
(1) A person is subject to the requirements and penalties of this section if he or she has been:

941.29(1)(a)
(a) Convicted of a felony in this state.

PUNISHMENT:

941.29(2)
(2) A person specified in sub. (1) is guilty of a Class G felony if he or she possesses a firearm under any of the following circumstances:

941.29(2)(a)
(a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1) (a) or (b).

HOWEVER:

941.29(5)
(5) This section does not apply to any person specified in sub. (1) who:

941.29(5)(a)
(a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been expressly authorized to possess a firearm under 18 USC app. 1203.



As you can see, the law is very straight forward.

A felon cannot possess a firearm.

The only exception is if the felon has received a pardon.

The punishment for a Felon in Possession of a Firearm (A Class G Felony is:

"... A fine of up to $25,000, or imprisonment of up to 10 years, or both." (Wisconsin Statute)


So again, A felon cannot possess a firearm in Wisconsin.

Edited by Bappelman on 10/5/2009 at 8:36 PM EST
Customer: replied 5 years ago.
I was approved for a gun not to long ago, then got a call that it was revoked. They called me and the gun shop owner, and told him he would be shut down for good if he didnt get that revolver back. But he said I would be able to own a black powder gun. That is the gun I am looking at getting.
Expert:  Bappelman replied 5 years ago.
OK.

Again, this gun dealer has steered you wrong in the past, and almost got you a 10 year prison term for it.

The law is exactly what I stated. You cannot own a firearm, of ANY type, in Wisconsin. You can be arrested and charged with a Class G Felony, which carries a 10 year prison term.

I am not trying to tell you what to do, I am only giving you the legal information that you wanted.
Customer: replied 5 years ago.
It wasn't the gun smith who steered me wrong. The Government you are preaching approved me, the gun smith got the paper work from them. It was their lack of judgment and checking that allowed me to think I could own a gun. So belittling the gun smith by saying he is just looking out for himself makes you a judgmental jerk. My family and a lot of close friends have used this gun smith for years. I am not a stupid person to think that he would put my life on the line for one gun. And seeing as the "government" was willing to shut him down for their mistake and the gun smith was the only one looking out for me. I would trust him over you and your faulty government system any day.
Expert:  ProsecutorEC replied 5 years ago.
The expert who was advising you is correct on the law. There was actually a court case in the Wisconsin Court of Appeals that addressed the issue in 2007. In State v. Jacobs, 2007 WI App 155, the defendant was convicted of being a felon in possession of a firearm for possessing what was described as "black powder or muzzle loading firearm." The Court of Appeals upheld the conviction for the felon possessing that weapon. Purchasing or possessing this type of firearm would be a bad idea due to that court case. As I said, the previous expert was right.
Customer: replied 5 years ago.

I wouldn't hand out such a large title to such a large ASS. Expert is for people that actually know everything there is to know. But I guess you people stick together.

Expert:  N Cal Attorney replied 5 years ago.
I have no knowledge of the ass sizes of my fellow experts but I agree with Bappleman and ProsecutorEC; I have had this same question come up previously and under federal law a muzzleloader is considered a firearm, as is any weapon that uses any form of gunpowder, grey or black.

We are not here to give the answer you want to hear; we try to give honest answers based on legal research. My honest opinion is that you can be arrested for possession of a black powder weapon, unless your conviction is expunged or pardoned.

http://lawdigest.uslegal.com/expungement-of-criminal-records/general/6556/ has a summary of the expungement laws in Wisconsin. I hope this information is helpful.

Edited by N Cal Attorney on 10/9/2009 at 3:34 AM EST

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