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Restoring 2nd Amendment rights could be as simple as correcting an error in the application process, or it could involve prior convictions that are not always easy to resolve. Each case will depend on the circumstances that are preventing you from owning a firearm.
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As a Waukesha criminal defense lawyer, there are some questions I get asked more frequently than others. Probably the biggest ones are “Why was I denied my Wisconsin concealed carry permit?” and “I just got denied to purchase a firearm in Milwaukee. What do I do?”
Sometimes people honestly do not know what is holding up their concealed carry permit. Sometimes it's a minor issue, like a misspelled name or something on the application being illegible. Your information could have also been confused with someone else who is red-flagged in a state database. If one or more of these issues is what prevented you from obtaining a Wisconsin concealed carry permit, or from purchasing a firearm, there are appeal mechanisms in place. In these cases, our Milwaukee gun lawyers usually advise against hiring an attorney. Instead, we'll advise people how to best navigate the system. If this doesn't work out, though, you may want to contact us.
Sometimes when you are prevented from buying a firearm or from obtaining a concealed carry permit, it can be a bit trickier than correcting a misspelling. Maybe you were convicted of a crime, five, ten or even twenty years ago and this is interfering with your concealed carry application or firearm purchase. Or maybe there's a restraining order from a vindictive ex. These and other challenging legal scenarios are more common than many realize. Unfortunately, when it’s more serious than a grammatical or spelling mistake there are no easy or obvious self-help solutions. In cases like this, hiring an attorney experienced in restoring second amendment rights.
A criminal conviction in your past can derail a gun purchase or application for a concealed carry permit. When we talk about a criminal conviction, we're not talking only about criminals who committed brutal and violent acts upon their victims. Convictions for illegal prescription drug use, narcotics use and other illegal acts all fall under the "crime" umbrella, too.
Even a misdemeanor conviction for domestic violence can trigger the Lautenberg Amendment, a federal law that prohibits the possession and sale of a firearm to individuals convicted of domestic violence. The law doesn't make exceptions for cases that aren't what most people would consider "violence." For example, it could have been nothing more than an argument the neighbors overheard and called the police. There is your lifetime ban on firearms! Maybe it was an argument in a parking lot between you and your spouse and someone called it in. Lifetime ban on firearms! Maybe that non-physical altercation took place some twenty years ago. Under the law, it does not matter. These cases can still create problems when applying for a Wisconsin concealed carry permit or when buying a gun. This firearm ban applies even if the victim is now your spouse and is perfectly fine with you possessing firearms.
If you or someone you know is being prevented from obtaining a Wisconsin concealed carry permit or buying a gun due to the Lautenberg Amendment, there are options. It starts with jumping through the hoops of the do-it-yourself appeal system. Would you be better served by 2nd amendment lawyers in Wisconsin representing you? Absolutely. However, odds are that if the Lautenberg amendment is what is causing the problem, then going through the appeal process will not get you anywhere, even with an experienced gun rights lawyer. Instead, you'll need to expunge or amend your case so the magic words holding you back disappear from your criminal background check. These are options that need to be discussed with an experienced Wisconsin firearms attorney, as the process is neither easy nor quick.
DISCLAIMER: This article is NOT intended to be legal advice. You need to consult with an attorney who can make specific recommendations to fit your circumstances.
Grieve Law handles cases including criminal defense, drug and DUI offenses in Wisconsin. Learn about how OWI penalties can be paired with firearm possession charges.
Tom Grieve is an experienced gun attorney and zealous 2nd amendment advocate with offices in Madison & Milwaukee. He helps Wisconsin gun owners with:
