Possession of firearm silencers defense lawyers - Wis. Stat. 941.298
Possession of a firearm silencer is illegal in Wisconsin. Contact Van Severen Law Office, S.C. at (414) 270-0202 for help with this or any other criminal charges.
Possessing a firearm silencer in Wisconsin is enough to end up in prison. Possession of firearm silencers is a Class H felony, meaning it’s punishable by up to 6 years in prison, $10,000.00 in fines, or both. As with all felony penalties in Wisconsin, the maximum sentence is bifurcated, meaning it breaks down into 3 years initial confinement and 3 years extended supervision. You cannot be sentenced to “six years in” on this, or any other, Class H felony. Finally, no mandatory or presumptive minimum penalty applies to this charge. That means there’s not set amount of time that a judge must sentence an individual convicted of this offense to.
Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI. We operate satellite offices throughout the state and represent defendants in criminal and drunk driving charges in all corners of Wisconsin. Whether you’re facing charges for possessing a firearm silencer, or any other serious criminal charge, contact us at (414) 270-0202. We offer free consultations with any of our Milwaukee criminal defense attorneys, so long as you’re a potential client or individual considering retaining our firm.
Section 941.298 of the Wisconsin Statutes – firearm silencers
Section 941.298 of the Wisconsin Statutes provides us the language of the law prohibiting possession of firearm silencers. It indicates:
(1) In this section, “firearm silencer” means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.
(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.
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Importantly, the statute doesn’t include only suppressors like the ones we see in movies and video games. This statute covers any device that muffles, silences, or diminishes the report of a firearm. This definition includes do-it-yourself silencers such as those made from oil filters or other devices. It’s important to recognize that what you might see as a simple modification to your firearm could result in felony criminal charges.
It’s also important to recognize that the same penalties apply to individuals who sell, deliver, and possess these devices. While some statutes include higher penalties for individuals who sell certain prohibited items (like drugs), that doesn’t apply here.
What about military and law enforcement personnel? Can private citizens legally possess a firearm silencer?
Section 941.298(3) of the Wisconsin Statutes goes on to discuss various personnel legally allowed to possess suppressors:
(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
(a)Any peace officer who is acting in compliance with the written policies of the officer’s department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden.
(b)Any armed forces or national guard personnel, while in the line of duty.
(c)Any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.
Importantly, peace officers (including police officers) can possess firearm suppressors so long as their departments have policy regulating the use of said devices. Military personnel can possess them while on duty.
Regular citizens can possess firearm suppressors, but a few important restrictions apply. First off, individuals previously convicted of felony criminal charges cannot possess firearms, and therefore will not be approved to possess silencers. And while the process for obtaining a legal suppressor is relatively simple, it requires filing an paying a fee and filing an application with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Unless that application is approved, normal civilians cannot just go out and possess or use silencers.
Various individuals, including law enforcement personnel, military personnel, and civilians authorized by the federal government can possess a firearm silencer. If you’re charged in violation of this law contact Van Severen Law Office, S.C. for help. (414) 270-0202
What does the government need to prove in order to sustain a conviction against a criminal defendant in Wisconsin?
Most criminal offenses in Wisconsin are accompanied by official jury instructions used in court to help criminal justice system participants understand charges. They break offenses down into separate parts, or elements, that the government has to prove beyond a reasonable doubt.
Possession of a firearm silencer does not have any published jury instructions, and therefore they must be created by the trial court every time a case is presented to a jury. While the elements might be slightly different when they’re drafted in your case, they’ll likely be similar to this:
Firstly, the defendant possessed a firearm silencer. A firearm silencer is a device used for silencing, muffling, or otherwise diminishing the report of a portable firearm.
Secondly, the defendant knew the device was a firearm silencer.
While these instructions are certainly simple, some offenses don’t require a whole lot to be proven. There’s no need to make something overly complicated when it’s straightforward. The government must still prove each element beyond a reasonable doubt in order to sustain a conviction against the defendant.
Contact Van Severen Law Office, S.C. for help.
At Van Severen Law Office, S.C., a significant portion of the work we do is helping individuals dealing with criminal charges involving firearms. Sometimes this includes status offenses, such as being a felon in possession of a firearm. In other situations it includes using a firearm in a violent or aggressive manner. Illegally possessing a firearm silencer fits within this category.
We recognize that facing any kind of criminal charges can be scary for a defendant. And that’s one of the biggest reasons we think it’s important to hire a strong, experienced, intelligent ally. At our firm, you’ll meet a few of Milwaukee’s best criminal defense attorneys that live up to those descriptors. We believe in fighting for our clients and holding the cops, prosecutors, and government in check.
Contact us at (414) 270-0202 to set up a free consultation with any of our defense lawyers. Because it’s important that we’re on the same page, and because we believe in fair, transparent pricing, initial consultations to potential clients are free.
