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Q: juvenile wisconsin felony ( Answered,   1 Comment )
Question  
Subject: juvenile wisconsin felony
Category: Relationships and Society > Law
Asked by: blatantsilence-ga
List Price: $25.00
Posted: 07 Jan 2006 21:45 PST
Expires: 06 Feb 2006 21:45 PST
Question ID: 430595
back in 1994 i was convicted as a juvenile *16 at arrest / 17 at
conviction* of a burgulary (business). a felony by wisconsin books..

not knowing juvenile felonies acted as adult felonies, i attempted to
purchase a firearm in 2000. answered the "adjudicated" question wrong,
and was actually criminally charged for it..  did 2 yrs of adult
probation and was discharged.. i have other crimes on my record, but
none that contain any violence..

i've told numerous people about it and no one seems to know a definite
answer as to if i can ever own a firearm again.. i hear this, i hear
that.. i dont have the $$$$ to have a lawyer look into it.. maybe im
just unknowledge on the whole issue, maybe a lawyer isnt even
necessay.. maybe i can do the bluk of the work.. no clue

just looking for any input on the matter if anyones knows about this
kinda stuff.. much thanks..
Answer  
Subject: Re: juvenile wisconsin felony
Answered By: hagan-ga on 10 Jan 2006 06:45 PST
 
Hello, blatantsilence.  I'm afraid I have bad news.  Both Wisconsin
law and Federal law are extremely strict when it comes to a felon
possessing a firearm.
  
There are two levels of restriction you need to remove.  First, State
law.  Most states, including Wisconsin, prohibit anyone with a felony
conviction from possessing a firearm.  Some states permit a felon to
have his civil rights restored after a certain number of years.  Not
Wisconsin.  In Wisconsin, you actually need a pardon FROM THE GOVERNOR
before your right to possess a firearm can be restored.
See http://64.233.161.104/search?q=cache:zgD9ZOp4U-kJ:www.legis.state.wi.us/lrb/pubs/wb/00wb11.pdf+felony+possess+firearm+wisconsin&hl=en
http://64.233.161.104/search?q=cache:LzrE2VyP0n0J:drl.wi.gov/dept/forms/fm2118.pdf+felony+possess+firearm+wisconsin&hl=en
(go to Page 2, to see the text of the statute)
The statute itself:
http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=20021852&infobase=stats.nfo&j1=938.341&jump=938.341&softpage=Browse_Frame_Pg

And it won't help to move from Wisconsin.  You might become subject to
another state's laws, which might be more lenient, but you would still
be subject to Federal law.  And Federal law prohibits possession of a
firearm unless your right to possess a firearm has been restored in
the state where you were convicted.
See http://www.hwylaw.com/CM/Articles/Articles88.asp#N_4_
Federal statute:
18 U.S.C. §921(a)(20) provides:

What constitutes a conviction of such a crime shall be determined in
accordance with the law of the jurisdiction in which the proceedings
were held. Any conviction which has been expunged, or set aside or for
which a person has been pardoned or has had civil rights restored
shall not be considered a conviction for purposes of this chapter,
unless such pardon, expungement, or restoration of civil rights
expressly [or implicitly as a matter of state law] provides that the
person may not ship, transport, possess, or receive firearms.

I'm sorry to give you bad news, but in this instance the law is pretty
clear.  Without a pardon, you are indeed permanently barred from
owning a gun.
Comments  
Subject: Re: juvenile wisconsin felony
From: irlandes-ga on 09 Jan 2006 20:59 PST
 
Find a small gun shop and when no one else is there, ask the owner if
he/she knows the regs. Make it clear you are not going to attempt to
buy a firearm, but wonder if he knows if your goose is cooked forever.

Second choice. Google for gun permit requirements, and maybe you can
find the regs themselves.

Try NRA URL, for gun regs.

This sort of thing bothers me. We Americans allege people can change
their lives.  Yet, at times, we don't allow them to do so. On the
other hand, it is hard to know when someone who has been a real threat
to public safety should be trusted again.

I do know there are provisions for ex-cons with felony prison records
to clear their records and get a pardon. So, it would seem this would
cover you as well. This has been covered on GA before.

I sure wouldn't try it until at least ten years after your last
probation, though. :)

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