In a landmark decision, the U.S. Supreme Court has ruled that individuals subject to domestic violence restraining orders can be temporarily prohibited from possessing firearms. This June 2024 ruling in United States v. Rahimi has significant implications for Wisconsin residents, particularly those facing restraining orders or weapons charges.
What the Court Decided
The Supreme Court upheld a federal law (18 U.S.C. §922(g)(8)) that makes it illegal for people subject to domestic violence restraining orders to possess firearms. The Court found that this restriction is consistent with the Second Amendment’s historical tradition of firearm regulation, particularly when someone has been found by a court to pose a credible threat to another person’s physical safety.
What This Means for Wisconsin Residents
If you’re subject to a domestic violence restraining order in Wisconsin:
– You must surrender your firearms while the order is in effect
– Possession of firearms during this period could result in both state and federal charges
– The prohibition is temporary and lasts only as long as the restraining order
– Violations can result in serious consequences, including up to 15 years in federal prison
Understanding Your Rights
While the Court upheld this specific restriction, it’s important to understand that:
– The ban is temporary, not permanent
– It only applies while the restraining order is active
– You have the right to contest the underlying restraining order
– You’re entitled to due process before losing your firearm rights
Check out – Can I Own a Gun If I have a Domestic Violence Conviction?
Why Legal Representation Matters
If you’re facing weapons charges or a restraining order in Wisconsin, having experienced legal representation is crucial. The intersection of state and federal firearms laws is complex, and the consequences of violations can be severe. A knowledgeable criminal defense attorney can:
– Help protect your constitutional rights
– Navigate both state and federal weapons laws
– Challenge improper restraining orders
– Develop effective defense strategies
Contact DK Anderson, S.C. for Help
Don’t face weapons charges or restraining order proceedings alone. At DK Anderson, S.C., our Madison-based criminal defense team understands Wisconsin weapons laws and can help protect your rights. Contact us today for a consultation about your case.