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In Milwaukee, illegally carrying a concealed weapon (carrying without a license or without meeting other allowable criteria) is penalized as a Class A misdemeanor, which carries a maximum penalty of a $10,000 fine, 9 months in prison or both.
A Milwaukee Carrying a Concealed Weapon charge is a class A misdemeanor that carries a maximum possible penalty of up to 9 months in jail, a $10,000 fine, or both. A conviction for Carrying a Concealed Weapon can also result in the mandatory forfeiture of the weapon you are convicted of being in illegal possession of at the time of the offense.
If you are charged with Carrying a Concealed Weapon, the State must prove beyond a reasonable doubt that you went armed with a firearm, you knew the firearm was in your possession, and the firearm was concealed. A firearm can be concealed in many different ways. Not all of the ways you can be charged for having a concealed weapon are obvious.
A weapon that is hidden from view of others is a concealed weapon. It is no surprise that a weapon that is in a bag, in the glove box or center console of your car, or under the seat of your car is concealed. However, a weapon can also be concealed if it is merely unable to be seen by those around you. For example, a weapon that is on the passenger seat of your car can be considered concealed even if it is not covered up by something if a person in a car next to you cannot see it below the level of the window. A weapon can also be concealed if it is only partially covered. If you are carrying a firearm in your waistband and your shirt falls and partially covers it, you can be charged for carrying a concealed weapon.
How long is a carrying a concealed weapon charge on my record?
Carrying a concealed weapon is a charge that will remain on your record permanently. If you are convicted, you may be required to divulge this conviction to future employers, on loan applications, and other official licensing applications for the rest of your life. In some circumstances, your Milwaukee conviction for carrying a concealed weapon may be eligible for expunction, or you could seek a governor’s pardon. Keep in mind that expunction does not remove the conviction from your record, however. Expungement merely makes the conviction more difficult for the general public to view. You may still be required to report the conviction on applications, and it will remain on your background check.
How do I beat a carrying a concealed weapon charge?
If you are facing a carrying a concealed weapon charge, our experienced Milwaukee attorneys can review your case and discuss what defense options you have. If the weapon was found following a traffic stop of your vehicle, there may be options to challenge the stop of your vehicle and the search that led to the discovery of the weapon. If the search was illegal, the evidence found following that search can be ruled inadmissible against you. It may also be possible to challenge whether the weapon was actually concealed, and whether you had knowledge of it in your possession. For example, if the weapon was found in a backpack in your car, it may be possible that you were not aware it was in the bag. If the State cannot prove that you knew it was in the bag, they may not be able to prove the charge against you.
