Category: Firearm cases

Michigan Law – Involuntary manslaughter Prosecutors in Michigan argued the Crumbleys violated a law called involuntary manslaughter.  Wisconsin does not have a law called involuntary manslaughter, so let’s start by dissecting the Michigan law. Michigan, like Wisconsin, relies on jury instructions when considering criminal charges.  Michigan Model Criminal Jury Instruction 16.10 indicates the elements of…

First degree reckless homicide Although this blog post focuses on when one hunter accidentally shoots another, first degree reckless homicide applies to situations where the shooter acts in a way that was much more reckless than a simple accident.  This crime requires that the shooter engage in “criminally reckless conduct” and act with “utter disregard…

Felons in Wisconsin will have a difficult, if not impossible, time deer hunting for the rest of their lives. Deer hunting in Wisconsin is a tradition that many of us have known our entire lives.  As we approach the holiday season, hordes of Wisconsinites migrate north to hunt the state’s native white-tailed deer.  Different timelines…

Minors in possession of firearms in Wisconsin: Individuals under 12 years old in Wisconsin can only possess firearms while engaging in a Hunter Safety program.  Importantly a child under 12 years old may complete the program but must wait until he’s 12 to actually hunt.  Once a child turns 12, he’s allowed to possess a…

State v. Mitchell L. Christen – SCOW considers going armed while intoxicated and the Second Amendment Defendant Christen, his roommates, and his roommates friends were drinking alcohol on February 2, 2018.  At one point a confrontation occurred and Christen armed himself.  Testimony about where Christen pointed the firearm differed, but everyone agreed that he possessed…

How close are Wisconsinites to carrying without a permit? A new bill passed the Wisconsin State Senate Judiciary Committee on 3-2 party line vote earlier this month. That approval cleared the way for the full Senate to consider the bill sometime next month. The bill would allow individuals to lawfully carry a concealed firearm without…

A common question we receive is whether it is legal to openly carry a firearm or other weapon in Wisconsin.  The answer, in general, is yes.  There is no “law” permitting open carry in Wisconsin.  Rather, it is presumed legal but subject to numerous restrictions.  The opposite of open carry is carrying concealed.  Wisconsin statute 941.23…

We are starting to see the effects of a bill signed into law back in November 2015 which created mandatory minimum sentences for certain firearms offenses, including possession of a firearm by a felon.  This post will describe the new law and explore the consequences you face if charged and convicted under the new sentencing…

Self defense – it’s brought up in high profile cases and featured in TV shows and movies.  But what really constitutes “self defense?”  And is it really that commonly used?  This post will examine what self defense really is and the scenarios where self defense can, and cannot, be used. The Law of Self Defense…

Grand jury proceedings are secret: Although grand jury proceedings are secret, they’re usually more relaxed than something like the preliminary hearing.  The secret nature of the grand jury proceeding encourages witnesses to provide truthful information without fear of retaliation.  In the event of a witness refusing to testify, frequently the government will provide immunity to…