Intoxicated Possession of a Firearm Water Street office (Milwaukee's lower east side)

Penalties for intoxication possession of a firearm

This charge is considered a Class A misdemeanor in Milwaukee. The maximum possible penalties for a Class A misdemeanor involve nine months jail, a $10,000 fine, or both. This does not mean that these are definitely the penalties you will face, but they are penalties you could face. There is no minimum penalty if you are convicted.

Intoxicated possession of a firearm in Wisconsin

What if the firearm is in your vehicle at the time that you are driving?

The location of the firearm at the time of the offense, regardless of whether you are driving, in your home or walking on the street, can make a big difference as to different charges that you may be facing. For example, if you are driving a vehicle and are arrested for operating while intoxicated, the police will search your vehicle. If they find the firearm in the immediate vicinity of where you are sitting, they will likely charge you with intoxicated possession of a firearm. However, if the firearm is in the trunk, in its case, and separate from any ammunition, this may fall under the various transport laws that exist in the state of Wisconsin and therefore you may not be subject to charges for possessing a firearm while intoxicated. 

It is important to note that the law has recently changed in these types of cases. The law used to state that if the firearm was not loaded, you could not be charged with intoxicated possession of a firearm. However more recently, the law has changed that it does not matter whether the firearm itself is loaded. As long as you have a firearm on you, you can be charged for intoxicated possession of a firearm. 

What does it mean to be intoxicated? Under the law set forth by the Wisconsin legislature, somebody over a .08 is said to be impaired. However, as we all know everybody handles their liquor differently. Therefore, when it comes to evaluating defenses for a case, one of the strongest ideas to look at is whether you were actually impaired at the time that you were possessing the firearm. This can be proven or disproven by looking at various actions taken, your demeanor, your speech, and many other clues that will hint as to whether you are intoxicated. In Milwaukee, it would not be uncommon to see a prosecutor also charge somebody with recklessly endangering safety. This means that by possessing a firearm while impaired, you endangered the lives of other people by your reckless conduct. Not all counties do this, however, it is not uncommon to see in Milwaukee County. Milwaukee County is incredibly aggressive with gun cases. 

There are many variables that go into charges for operating a firearm while intoxicated and it is important to have an attorney take a look at various issues. Some of these issues include whether you possess the firearm, whether the firearm itself was actually a firearm, whether you were intoxicated, or whether you were unsafe to have the firearm. All these different factors can lead to issues at trial.