Wisconsin Gun Ownership

acschenck · August 27, 2013, 08:44 PM

Hi everyone,
In July of 2010 I received a felony drug charge in the state of Wisconsin. I had just turned 18 and was a stupid kid who thought taking the rap for a friend would show everyone that I was a real man. I received what Dane county (county I was charged in) calls "drug treatment court" which is a deferred adjudication in which I make a plea of no contest and enter an agreement with the judge to complete a special court program and then the charges will be dismissed on the prosecutors motion. I completed the program and had the charge dismissed, and later moved on to contacting the feds and getting my finger prints removed along with my arrest record. I am wondering if I am able to buy a gun? I am not a drug addict and in Wisconsin a deferred adjudication sentence in which the case is dismissed is not classified as a conviction. Ive bought a few guns at gun shows and what not, but not yet have I tried to buy one from an FFL dealer. Some people have said that chances are I will initially be denied but could then contact the ATF and after a few weeks could purchase the gun. I've heard it just takes a few weeks to buy a gun instead of being able to get it right away, but I am not sure. I rather not waste my time filling out paperwork to be told I cant have a gun and have everyone at the store think im a felon. Any help is appreciated!! God Bless

BarryLee · August 28, 2013, 12:04 AM

It sounds like you were never actually convicted of a crime, so it would seem the short answer is - you can buy a gun.

However, as you said there was a paper trail and who knows how far it went and if it was properly cleaned up after you completed the program. If you want to buy a gun go ahead and give it a try and see what happens. Don’t worry about being denied at the gun shop because it happens all the time and often for no good reason. The folks at the gun shop are not going to automatically assume you’re a criminal. If you are denied ask them for instructions on appealing and get the situation straightened out.

**Tom Servo** · September 26, 2013, 10:04 AM

I would recommend calling an attorney. They can make the calls and ensure the relevant paperwork gets sorted.

**Spats McGee** · September 26, 2013, 10:22 AM

Welcome to TFL, acschenck!

To be quite frank, Tom has already said what needs to be said. You need to talk to an attorney. You need to talk to an attorney licensed in our jurisdiction, and versed in criminal law and firearms law. You do not need to be asking a bunch of well-meaning, gun guys who may or may not know what they're talking about. What you discuss with a private attorney is confidential. What you post on the internet is not. Acting on information from a bunch of anonymous "gunfolk" may seem like a good idea, but it could have extremely serious and life-altering consequences.

August 27, 2013, 08:44 PM	#1
acschenck Junior Member Join Date: August 27, 2013 Posts: 2	Wisconsin Gun Ownership Hi everyone, In July of 2010 I received a felony drug charge in the state of Wisconsin. I had just turned 18 and was a stupid kid who thought taking the rap for a friend would show everyone that I was a real man. I received what Dane county (county I was charged in) calls "drug treatment court" which is a deferred adjudication in which I make a plea of no contest and enter an agreement with the judge to complete a special court program and then the charges will be dismissed on the prosecutors motion. I completed the program and had the charge dismissed, and later moved on to contacting the feds and getting my finger prints removed along with my arrest record. I am wondering if I am able to buy a gun? I am not a drug addict and in Wisconsin a deferred adjudication sentence in which the case is dismissed is not classified as a conviction. Ive bought a few guns at gun shows and what not, but not yet have I tried to buy one from an FFL dealer. Some people have said that chances are I will initially be denied but could then contact the ATF and after a few weeks could purchase the gun. I've heard it just takes a few weeks to buy a gun instead of being able to get it right away, but I am not sure. I rather not waste my time filling out paperwork to be told I cant have a gun and have everyone at the store think im a felon. Any help is appreciated!! God Bless

August 28, 2013, 12:04 AM	#2
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	It sounds like you were never actually convicted of a crime, so it would seem the short answer is - you can buy a gun. However, as you said there was a paper trail and who knows how far it went and if it was properly cleaned up after you completed the program. If you want to buy a gun go ahead and give it a try and see what happens. Don’t worry about being denied at the gun shop because it happens all the time and often for no good reason. The folks at the gun shop are not going to automatically assume you’re a criminal. If you are denied ask them for instructions on appealing and get the situation straightened out. __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

September 26, 2013, 10:04 AM	#3
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	I would recommend calling an attorney. They can make the calls and ensure the relevant paperwork gets sorted. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

September 26, 2013, 10:22 AM	#4
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Welcome to TFL, acschenck! To be quite frank, Tom has already said what needs to be said. You need to talk to an attorney. You need to talk to an attorney licensed in our jurisdiction, and versed in criminal law and firearms law. You do not need to be asking a bunch of well-meaning, gun guys who may or may not know what they're talking about. What you discuss with a private attorney is confidential. What you post on the internet is not. Acting on information from a bunch of anonymous "gunfolk" may seem like a good idea, but it could have extremely serious and life-altering consequences. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.