If a Glendale, Wisconsin, resident is convicted of a Class A misdemeanor for carrying a concealed weapon, he could face up to 9 months in prison, a $10,000 fine or both.
Concealed Carry Lawyer Glendale-Whitefish Bay office near Bayshore Mall
If you are concealing a firearm and do not have a license, you can be charged with a Class A misdemeanor. In Wisconsin, a Class A misdemeanor comes with maximum possible penalties of 9 months in jail, a $10,000 fine, or both. Additionally, the law requires that if a firearm is used in the commission of a crime, that it be surrendered and not returned to the owner.
Carrying a Concealed Weapon in Glendale or Whitefish Bay
While open carry in Wisconsin is sometimes allowed, you are required to have a license to conceal one. In order to obtain a concealed carry permit in Wisconsin, there is a class that you must go through, and then you must apply through the Department of Justice so that they can run a background check to ensure that you are permitted to possess firearms. There are various convictions that will prevent you from possessing a firearm. First and foremost, a felony conviction will prevent you from being able to possess a firearm. Additionally, a misdemeanor conviction for a domestic violence offense can also prevent you from being able to possess a firearm.
What does it mean for a firearm to be concealed?
In a standard criminal case for carrying a concealed weapon without a license, it is standard to think of a weapon in someone’s pocket or inside their jacket. However, someone can be charged with carrying a concealed weapon in many different situations. When someone has a firearm in their vehicle, even if it is not on their person, they can be charged. There are two main issues that can come about when a firearm is in a vehicle – whether someone is in possession of the firearm and whether it is concealed. Someone is considered to be in possession of a firearm if it is on their person or if it is within someone’s reach. So, in a vehicle, courts have held that a firearm in the glove compartment, center console, or under the driver’s seat is considered to be the possession of the driver. However, if it is in the trunk, for example, the argument can be made that the firearm is being transported.
The second issue in these cases is whether the firearm is being concealed. Again, if it is carried in the open, no license is required. Generally, the only agreed-upon place in a vehicle where a gun can be in someone’s possession but not concealed is on the dashboard. This way it is viewable to other drivers passing by. If it is not viewable by other drivers or other people, it could be considered concealed. It is important to have a strong criminal defense attorney who can make the arguments appropriate to defend against these types of cases.
How long will a Carrying Concealed Weapon charge stay on my record?
If convicted of carrying a concealed weapon, the charge will stay on your record forever. While it is not a felony offense and may be expungable, the conviction will never come off the record. Many people ask our attorneys whether they will lose their right to possess a firearm. As long as you do not otherwise have a reason to have otherwise lost your firearms rights, a conviction for this type of charge will not cause you to lose your right to possess a firearm.
How to beat a Carrying Concealed Weapon charge
These issues of whether a firearm is concealed or in the defendant’s possession are the first ways our experienced criminal defense attorneys evaluate such a criminal charge. The attorneys also review all other possible defense strategies when defending your case to the best of their abilities. Additionally, there are always constitutional rights at play and when those are violated, there could be other ways to reduce or dismiss your charges. Tom Grieve is the same criminal defense attorney Glendale residents trust to handle their first offense DUI charges, drug possession charges, and other serious cases jeopardizing their rights and futures.