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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23188
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I purchase/own a firearem (handgun/rifle) in Wisconsin

Resolved Question:

Can I purchase/own a firearem (handgun/rifle) in Wisconsin after I received a disorderly conduct ticket? The details are as follows:

Count No. Statute Cite Description Severity Offense Date Plea
1 947.01 County/Muncipality - Disorderly Conduct Forf. U 02-15-2007 Guilty on 04-23-2007
Charge Modifier(s)
Statute Cite Description
968.075(1)(a) Domestic Abuse Incident
On 04-23-2007 there was a finding of:
Action Court Official
Guilty Due to Guilty Plea Curry, George S.

I paid a fine of $324 and that was the end of it. I'm not sure if this is considered a violent incident as the cause was me spitting on my ex-girlfriend's shoes.

I have not been in any trouble of any kind since then. Not even a speeding ticket. I am curious because I want to start hunting again this year and I don't know if this will prevent me from doing so. If so, is there anything I can do to possibly make this go away so that I will be able to purchase a firearm? Thanks
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

In Wisconsin, a person who is the subject of a domestic violence restraining order loses his state gun rights. A person who has a misdemeanor conviction on a crime of domestic violence loses his Federal gun rights. 18 U.S.C. § 922(g)(9)

If your restraining order has been lifted and your conviction has been set aside, pardoned or expunged or your civil rights, including your gun rights restored by Wisconsin, the Federal government will lift its restrictions and you will regain your second amendment rights.

If the restraining order is lifted, it possible that you have your Federal gun rights because the Federal government defines "crime of domestic violence" as one which "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." If your case and situation does not fit into that definition, your state and federal rights would resume at the expiration of the protective order.

If you can't clear a Federal check to get a gun however, then you would have to look to an expungement or a pardon or hire a lawyer to petition the court for the full restoration of your gun rights.
Customer: replied 5 years ago.

There was never a restraining order. We lived together and I went home to her a few hours after the incident. Like I previously stated, I only had to pay a fine. Do you know if there is a way to check if I would clear a federal check for a firearm or a way to see if I would be denied?

Expert:  Zoey_ JD replied 5 years ago.
If there was never a restraining order, then you never lost your state gun rights. I really don't think disorderly conduct is a violent offense or that spitting on shoes would constitute a physical act, or that there was any element of force used against your girlfriend. So it looks to me as if you never lost your federal gun rights either.

But because of the Federal penalty -- up to 10 years of Federal prison -- for someone unlawfully in possession of a firearm, you can't assume anything. The best way would be to see if you could purchase a gun from a dealer and let them run the check. If you clear it, you're good to go. If you don't, you'll have to look into an expungement or pardon of the Dis Con.
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Customer: replied 5 years ago.
Ok, thank you for your help.

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