Possessing, selling, transporting or offering a short barrel shotgun in Wisconsin could result in a Class H felony, which is a fine up to $10,000 and/or a prison sentence up to 6 years.
Possession Of Sawed Off Shotgun or Short-Barrel Rifle 941.28 (Wisconsin)
Criminal Defense Attorney for 941.28 Possession Of Short−Barreled Shotgun, Short−Barreled Rifle or "Sawed Off Shotgun" Fines and Penalties
Grieve Law is not a general practitioner law firm. Criminal defense is practically everything the firm does. Staffed by criminal defense attorneys who are former prosecutors, our firm understands the letter of the law and how things tend to play out in practice. Our law firm has locations near Madison, Milwaukee, Waukesha and Appleton.
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The following legal summary may be outdated due to changes in the law. Grieve Law makes no claims regarding the accuracy of the below. If you are faced with criminal charges you should consult an experienced criminal defense lawyer immediately.
Wisconsin Statute 941.28 Defines What Constitutes a Short-Barreled Shotgun Or Short-Barreled Rifle
Under Wisconsin Statute 941.28, the following definitions are included:
- A "rifle" is a firearm designed or made to be fired from the shoulder or hip that fires a bullet through a rifled barrel on each pull of the trigger.
- A "short-barreled rifle" is a rifle with one or more barrels less than 16 inches long as measured from the closed breech or bolt face to muzzle, or a rifle with a total length under 26 inches.
- A "short-barreled shotgun" is a shotgun with one or more barrels measuring less than 18 inches long from closed breech or bolt face to muzzle, or a shotgun measuring less than 26 inches overall.
- A "shotgun" is a weapon that is fired from the shoulder or hip. It fires either a number of ball shot or a single projectile in a shotgun shell through a smooth bore with each single pull of the trigger.
What are the penalties for having a short-barreled shotgun?
Wisconsin law prohibits selling, offering to sell, transporting, purchasing, possessing, or going armed with a short-barreled shotgun or short-barreled rifle. Any violation is a Class H felony. There are exceptions to the law forbidding possession of short-barreled shotguns and rifles, however. They are as follows:
- Any armed forces or national guard personnel operating in the line of duty, police officers, or anyone who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.
- The manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess them.
- The restriction on transportation does not apply to common carriers.
- Any firearm or short-barreled rifle that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
If you were pulled over for a first offense DUI and had a firearm in the vehicle, you will need experienced lawyers. Learn more about Wisconsin's OWI penalties and Gun charges.
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In Wisconsin, how long does a Short Barreled Shotgun possession charge stay on your record?
Possession of a short barreled shotgun in Wisconsin could lead to a felony and 6 years in prison. The charges remain on a person�s record for life unless strict standards for removal are met.
