I am a victim of domestic violence and the abuser has a gun. Is that legal?
It is a Class G felony under Wisconsin law for a person to possess a firearm if any of the following applies:
- s/he has been convicted of a felony in Wisconsin or in another state;
- s/he has been found “not guilty by reason of mental disease/defect” of a felony in Wisconsin or in another state;
- s/he has been adjudicated “delinquent” for an act committed on or after April 21, 1994, that would be considered a felony if committed by an adult;
- s/he has been involuntarily committed for treatment by a court due to mental illness, drug dependency, or other developmental disability and is subject to an order not to possess a firearm;
- s/he is subject to an order not to possess a firearm in a court proceeding based on alcoholism, the appointment of a guardian, or protective placement/protective services;
- s/he has an injunction issued against him/her for domestic violence or child abuse , including a tribal domestic violence injunction except the Menominee Indian tribe of Wisconsin; however, for these injunctions, there is an exception for law enforcement or military officers; or
- s/he is subject to an order not to possess a firearm in a harassment restraining order/injunction or an individual at risk restraining order/injunction.1
In addition, if you have a domestic abuse restraining order against the abuser, or if the abuser has been convicted of a felony or domestic violence misdemeanor, then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.2 To read more information, go to our Federal Gun Laws pages.
1 Wis. Stat. § 941.29(1m)
2 18 USC § 922(g)(8), (g)(9)