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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27480
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a felony dui in az i received my voting rights back

Customer Question

i had a felony dui in az i received my voting rights back and gun rights back from the courts of az but wi says i can not buy or posses a gun ncis says i can buy and posses in az and many other states what form do i have to file in wi to get my rightd back
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Unfortunately a person who has a felony conviction in Arizona or an out of state conviction which would be a felony in Arizona cannot get Wisconsin gun rights unless he gets a pardon that expressly provides for the restoration of his firearms rights. Wis. Stat. 5 941.29(5)(a)

Customer: replied 1 year ago.
do i need a pardon from az
Expert:  Zoey_ JD replied 1 year ago.

Yes. Arizona was the state where you received the conviction so you'd need an Arizona pardon. That's fortunate, because Wisconsin is not giving out pardons. Its governor refuses to allow them and has disbanded the board of pardons.

Expert:  Zoey_ JD replied 1 year ago.

A state is allowed to make its laws more restrictive than Federal law. It just can't make them less so. So even though you have your gun rights back elsewhere, ARizona is allowed to be more restrictive.

Expert:  Zoey_ JD replied 1 year ago.

I could call you if you'd like that, but it's all already said here.

Customer: replied 1 year ago.
the papers i received from the courts of az dont meam anything
Expert:  Zoey_ JD replied 1 year ago.

They do in Arizona. They don't have to anywhere else if the state has a higher standard.

Customer: replied 1 year ago.
who can i petition in wi to get my rights back
Expert:  Zoey_ JD replied 1 year ago.

You can petition the governor, but it won't get you anywhere because the law says you have to have a pardon in order to possess a gun in Wisconsin. I linked you to the law already somewhere above.

Customer: replied 1 year ago.
zoey i know i cant get the wi governor to pardon me ncis said i had to go to the attorney general of wi so your saying there is nothing i can do unless the governor of az gives me a pardon on my dui
Expert:  Zoey_ JD replied 1 year ago.

I'm not saying that. Wisconsin law says that. If you want to petition the attorney general of Wisconsin too, go right ahead. Pardons are very difficult to get, so there's no reason not to try an alternative. However, the only provision I see in WI law for the restoration of firearms rights is the pardon.