Milwaukee Gun Charges Lawyer Serving Waukesha And Kenosha Counties

The right to bear arms comes with important legal limits. Wisconsin and federal laws regulate how firearms can be possessed, carried, transported and used. A misunderstanding – such as where a handgun may be stored in a vehicle – can lead to weapons charges, jail or prison time, fines, and the loss of firearm rights.

If you are facing weapon charges of any kind, you will need an experienced legal professional to defend you at each stage of the legal process. At Lee Law Firm, LLC, we know what is at stake in these cases. Our founding attorney, May Lee, is a former prosecutor who now defends people accused of firearm offenses. We understand the stress and uncertainty you may be facing, and we focus on clear guidance and a defense strategy tailored to the facts. We will work to protect your rights at every stage of the legal process.

For help with related matters, visit our criminal defense page or learn more about our Milwaukee-area office.

Penalties For Gun Crimes In Wisconsin

Wisconsin firearm offenses may be charged as misdemeanors or felonies depending on the allegation, a person’s background and the surrounding circumstances. For example, someone is more likely to face felony charges if they have been previously convicted of a felony or are currently the subject of a restraining order. Common firearm statutes prosecutors rely on include Wis. Stat. § 941.23 (carrying a concealed weapon), Wis. Stat. § 941.29 (possession of a firearm by a felon) and Wis. Stat. § 167.31 (safe transport).

We can assist you with many types of weapons charges, including:

• Carrying a concealed weapon: Wisconsin law restricts “going armed with” a concealed and dangerous weapon, subject to statutory exceptions and licensing rules (see generally Wis. Stat. § 941.23). Carrying a concealed firearm without a valid license may be charged as a misdemeanor offense that can result in incarceration and fines, depending on the circumstances. These cases often arise from traffic stops and disputes about where the firearm was located and whether it was accessible and concealed from ordinary view.
• Endangering safety: Firearm owners are legally obligated to handle and operate their weapons safely. However, a gun owner can be charged with a Class A misdemeanor if their negligent handling of a dangerous weapon endangers someone else’s safety under circumstances identified in Wisconsin law, including allegations involving negligent handling or discharge of a firearm (see generally Wis. Stat. § 941.20 and related provisions). In addition, endangering safety by using a dangerous weapon can be elevated to a Class F felony if someone discharges a gun at another person or building. Penalties for a Class F felony include up to 12.5 years of imprisonment, $25,000 in fines and a loss of firearm privileges.
• Felon in possession: In the state of Wisconsin, it is a crime to possess a firearm if you are convicted of any felony, even if the offense has nothing to do with firearms (Wis. Stat. § 941.29). Felon in possession is a Class G felony charge, and punishments include up to 10 years in prison and up to $10,000 in fines. These cases often turn on whether the state can prove actual or constructive possession.
• Using or possessing a firearm while intoxicated: You may be charged with a Class A misdemeanor if caught firing or carrying a gun while under the influence of alcohol or any controlled substance (see generally Wis. Stat. § 941.20). Penalties depend on the alleged conduct and any prior record. In some situations, an OWI investigation can be part of the same incident – see our OWI defense page for additional information.

Schedule a free initial consultation by contacting our firm online or calling us at 414-567-5631. Same-day appointments are available, and we offer legal services in English and Hmong.

Common Reasons People Are Charged With Violating Wisconsin’s Concealed Carry Law

One of the most common reasons people face charges for violating Wisconsin’s concealed carry law is improper firearm transportation. Many concealed-carry arrests start with a traffic stop, and the outcome can depend on where the firearm was located, whether it was accessible and whether the person had a valid license. Here’s a breakdown of the issue:

Misunderstanding Vehicle Transport Rules

Many people mistakenly believe they can legally transport a firearm in their vehicle’s glove box or center console without a concealed carry permit. However, this often leads to violations of the concealed carry law.

Key legal cases:

• State v. Fisher (2006): The Wisconsin Supreme Court ruled that carrying a concealed weapon in a vehicle does not violate constitutional rights if the state prosecutes under concealed carry laws.
• State v. Walls (1994): The court acknowledged that transporting a firearm in compliance with the Safe Transport Statute does not count as “going armed” with a concealed weapon.

The Safe Transport Statute

Wisconsin law allows firearms to be transported in vehicles under specific conditions:

• The firearm must be unloaded.
• If it is a handgun, it must comply with concealed carry laws.

This statute (Wis. Stat. § 167.31(2)(b)1) creates confusion because it can be misread as overriding concealed-carry requirements in vehicles, depending on the firearm and how it is stored. For example, transporting a handgun in a glove box may comply with the Safe Transport Statute but still require a concealed carry permit.

The Grandberry Case (2018)

This case highlights the confusion between the Safe Transport Statute and the Concealed Carry Statute:

• What happened: Brian Grandberry was stopped by police, who found a loaded pistol in his glove box. He argued that the Safe Transport Statute allowed him to have the gun there without a permit.
• Court ruling: The Wisconsin Supreme Court upheld that Grandberry needed a concealed carry permit to legally transport the loaded handgun in his glove box. The court clarified that the two statutes are not in conflict because compliance with both is possible:
  • Obtain a concealed carry permit
  • Place the loaded handgun out of reach

Experience With Firearm Defense In Southeastern Wisconsin

Gun cases can hinge on small details – why police initiated contact, whether a search was lawful, and how the state claims “possession” or “concealment.” Our firm has handled firearm-related defenses involving:

• Traffic stops where a handgun was found in the glove box/console and concealment or accessibility was disputed
• “Felon in possession” allegations where constructive possession was contested
• Firearm charges filed alongside other allegations, requiring a coordinated defense strategy

Charging practices and courtroom procedures can also vary by county and court, so we tailor our strategy to the specific jurisdiction and judge assigned to your case. If a gun charge arises alongside allegations such as domestic violence or other violent crimes, we build a defense strategy that accounts for how the allegations interact.

Answering Frequently Asked Questions Regarding Gun Charges

When our clients are facing gun charges, they often have many questions about their rights, the legal process and possible outcomes. As your legal representatives, we are here to address your concerns, provide clear and straightforward answers, and build a strong defense tailored to your case. Some of the most common questions we hear from our clients include.

Does Wisconsin have open carry?

In Wisconsin, it is legal to openly carry firearms in public as long as the person carrying is 18 years of age or older and legally allowed to possess a firearm. Open carry does not require registration or a permit, but individuals may be asked by law enforcement to provide proof that they are legally allowed to possess the firearm.

Even when open carry is generally lawful, restrictions may apply based on location and other state or federal laws. If an encounter with law enforcement leads to an investigation, it is wise to speak with an attorney.

How to lower the penalties for carrying a concealed weapon charge?

To lower potential penalties, it is important to assess the specific charge level, your prior record (if any) and the facts prosecutors will rely on. In many cases, mitigation and negotiations are stronger when your attorney can also identify legal weaknesses in the state’s proof.

How to build a defense for carrying a concealed weapon charge?

At Lee Law Firm, LLC, we are committed to walking with you through every step of the process. To build a defense, we conduct an individual consultation and review the facts of your case against the elements of the charges. With specific exceptions, a person is guilty of carrying a concealed weapon if he or she “goes armed with” a concealed and dangerous weapon (Wis. Stat. § 941.23(1)(ag)). A person is guilty of carrying a concealed weapon in an automobile when the weapon is located inside a vehicle and is within the defendant’s reach; the defendant is aware of the presence of the weapon; and the weapon is concealed or hidden from ordinary view. Consultations vary from case to case, and meeting with you will allow us to build the best defense for your case.

Do Not Lose Hope; We Can Defend You Against Weapon Charges

Having a firearm-related conviction on your record may limit your ability to secure housing and employment opportunities. A firearm-related conviction can also affect firearm rights. When you come to Lee Law Firm, LLC, we carefully evaluate your case, walk you through your legal options and defend you every step of the way.

We will review the evidence, explain your options and work toward the best available outcome – whether that means seeking dismissal, reduction or preparing for trial.

If you have been charged with any type of firearm crime, do not wait to call us at 414-567-5631 or contact us online to schedule your free initial consultation.