Can a Felon Get Their Gun Rights Back in Wisconsin?

Gun rights restoration is a complex legal process that varies by state, and in Wisconsin, it comes with specific requirements and challenges. This article explores the complexities involved, the eligibility criteria, and the process one must follow to regain their firearm rights.

The Federal and State Perspective

Under federal law, felons are typically barred from possessing firearms. However, an individual's civil rights—such as the right to serve on a jury, vote, and hold public office—may have been restored after serving their sentence. In such cases, there is a possibility that their gun rights can also be restored, but this process is highly state-specific.

Gun Rights Restoration in Wisconsin

For felons in Wisconsin, the process of regaining gun rights is conditionally permissible but subject to specific legal conditions. Typically, for your civil rights to be restored, you must have completed your sentence, including any terms of imprisonment, parole, supervised release, and probation.

The Role of the Governor's Pardon

Wisconsin law further stipulates that if your conviction was for a state felony, your gun rights can only be restored if the Governor pardons you. A pardon is a form of clemency that fully restores your civil rights, including the right to possess a firearm. The application process is detailed and involves submitting a formal application to the Governor's Pardon Advisory Board.

A Case-by-Case Decision

Not all felons will be eligible for a pardon, and the process can be lengthy and challenging. The Governor's decision to grant a pardon is based on several factors, including the nature of your conviction, your conduct since the conviction, and your reasons for seeking a pardon.

While this process is open to those who have been convicted of state felonies in Wisconsin, those convicted of federal offenses would need to seek restoration at the federal level, which is a different and often more complicated process. Even if you successfully have your gun rights restored at the state level, you still need to comply with federal laws, ensuring that you are not disqualified under federal law.

Seeking Legal Guidance

Given the complexity and nuances involved in the process, it is highly advisable to seek legal counsel experienced in this area. Legal professionals can help navigate the specific conditions and requirements, evaluate your individual circumstances, and provide invaluable guidance throughout the restoration process.

Understanding your eligibility and the specific steps required to achieve gun rights restoration is crucial for anyone seeking to regain this right in Wisconsin.