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  1. #1
    Join Date
    Feb 2013
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    Default When Will a Battery Charge Prevent Firearms Ownership

    My question involves criminal law for the state of: Wisconsin

    Back in 2007 I was charged with Battery. I am looking to purchase some firearms for my house. I have no felonies but am hoping that this "Battery" charge isn't considered Domestic Violence charge which would make me ineligible for a firearm.

  2. #2
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    Default Re: When Will a Battery Charge Prevent Firearms Ownership

    We are not able to investigate your conviction charge for you. If you don't know what your conviction charge is, it will be reflected in the court file from your criminal case.

  3. #3
    Join Date
    Feb 2013
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    Default Re: When Will a Battery Charge Prevent Firearms Ownership

    On the court record it reads: Battery, a class A misdemeanor, Wisconsin Statutes 940.19(1). Which I did google that statute mine states (1) whereas all the other (2-6) are considered Felonies.

  4. #4
    Join Date
    Sep 2012
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    Default Re: When Will a Battery Charge Prevent Firearms Ownership

    there is nothing in that statute making it a domestic violence crime, it is a class A misdemeanor subject to

    Quote Quoting 939.51  Classification of misdemeanors.
    (1) Misdemeanors in chs. 939 to 951 are classified as follows:
    (a) Class A misdemeanor.
    (b) Class B misdemeanor.
    (c) Class C misdemeanor.
    (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951.
    (3) Penalties for misdemeanors are as follows:
    (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
    (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
    (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
    so you were not convicted of a crime punishible by more than a year in jail. you should be fine for your NICS check and legal to posess a firearm, so long as there isn't anything you are not disclosing about your conviction or past (mental health, other convictions, etc.)

  5. #5
    Join Date
    Feb 2013
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    3

    Default Re: When Will a Battery Charge Prevent Firearms Ownership

    Awesome, thank you very much. Now I feel a lot less stressed out.

    - - - Updated - - -

    I did have one more question. Here in Wisconsin were are a "Castle Doctrine" state. What if there was a married couple, the husband is a felon and the wife isn't but she has purchased a gun. If someone broke into the house when the wife wasn't there and tried to harm the family and the husband used the gun to defend them, would he get in trouble?

  6. #6
    Join Date
    Jul 2010
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    8,006

    Default Re: When Will a Battery Charge Prevent Firearms Ownership

    Possibly, probably. He should not even have access to the weapon at all. Just being in the house with it at all and having access could get him in trouble.

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