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Cafferty, Scheidegger & Johnson, S.C.
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Racine Gun Charges Attorney

Are you facing gun charges in Southeastern Wisconsin? A Racine gun charges attorney at Cafferty, Scheidegger & Johnson, S.C. can help protect your civil rights.

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Serving Clients Charged With Criminal Offenses in Southeastern Wisconsin

Wisconsin believes in protecting the Second Amendment rights of gun owners. We have some of the strongest protections against gun control in the country. Along with the strong protections, however, come some of the harshest penalties for violating guns and weapons laws in the state.

Need a Racine or Kenosha Gun Charges Attorney?

If you are facing misdemeanor or felony weapons charges in Southeastern Wisconsin, talk to an attorney at Cafferty, Scheidegger & Johnson, S.C., in Racine. Our team of aggressive criminal defense attorneys have earned a reputation for excellence and integrity among prosecutors and judges. Our firm investigates every possible strategy for helping you protect your civil rights. When necessary, we turn to professional investigators to help us challenge the prosecutor’s case and find alternatives to a conviction for a gun charge on your record.

The Governing Wisconsin Statutes

The law at a glance

Wisconsin’s weapons statutes are concentrated in Chapter 941. Two of the most commonly charged are:

  • § 941.23: Carrying a concealed weapon. With a valid Wisconsin concealed-carry license, concealed carry is permitted in most public places; without one, it is a Class A misdemeanor.
  • § 941.29: Felon in possession of a firearm. Any person previously convicted of a felony who possesses a firearm commits a Class G felony, punishable by up to 10 years in prison.

Wisconsin also criminalizes possession of short-barreled shotguns and rifles, possession by persons subject to a domestic-violence injunction, and possession on school grounds. Each of these carries its own penalty tier and its own set of contested elements. Possession itself is often the litigable question. Constructive possession requires proof the accused knew the firearm was there and had the ability to control it.

Rights and prohibitors

A Wisconsin gun case can turn on status, location, and possession

The same firearm can produce different charges depending on who possessed it, where it was found, whether it was concealed, and whether federal law treats the person as prohibited. Defense starts by separating the firearm from the status allegation and the search that produced the evidence.

Prohibited person

§ 941.29 and 18 U.S.C. § 922(g) can both apply when the alleged possessor has a felony, qualifying domestic-violence conviction, injunction, or other prohibitor.

Post-Bruen and Rahimi

Bruen changed the Second Amendment test. Rahimi later upheld § 922(g)(8) for domestic-violence protective orders with a credible-threat finding after notice and hearing. Some challenges remain viable, but they require statute-specific analysis.

  • Challenge the search before treating possession as proven.
  • Distinguish ownership, access, knowledge, and control in shared vehicles or homes.
  • Check every possible firearm prohibitor before plea discussions.
  • Coordinate with domestic-violence defense when a charge or injunction may create a federal firearm bar.
§ 941.23Carrying a concealed weapon § 941.29Possession by prohibited person § 175.60Concealed carry licensing United States v. RahimiDomestic-violence protective order firearm bar
Forum and firearm rights

Weapons charges can move from county court to federal court

A gun case is not just a weapons case. It can become a search case, a domestic-violence case, a probation case, a federal indictment, or a permanent firearm-rights case. The first question is where the case is likely to be prosecuted: Racine, Kenosha, or Walworth circuit court, or federal court if ATF, prior felony history, interstate facts, or Project Safe Neighborhoods screening is involved.

County charging review

Racine, Kenosha, and Walworth prosecutors may charge CCW, felon in possession, short-barreled firearm, reckless endangerment, disorderly conduct while armed, or domestic-related firearm allegations from the same police contact. We review whether the State can prove actual or constructive possession.

Federal exposure

Federal firearm cases under 18 U.S.C. § 922 usually carry sharper sentencing exposure than state cases. If the same facts could support a federal charge, defense work should begin before a plea in state court gives investigators more pressure.

Collateral consequences

A plea can affect gun rights, employment, hunting privileges, immigration status, and professional licenses. Domestic-related cases need special attention because a misdemeanor conviction can trigger a lifetime federal firearm bar under 18 U.S.C. § 922(g)(9).

  • Attack the search that produced the firearm before discussing a plea.
  • Separate ownership from possession, especially in shared vehicles and homes.
  • Check whether a domestic modifier, injunction, or prior conviction creates a firearm-rights issue.
  • Consider expungement eligibility early when the charge level allows it.
§ 941.23Carrying a concealed weapon § 941.29Possession of a firearm by a prohibited person § 175.60Concealed carry licensing 18 U.S.C. § 922Federal firearm prohibitions

We have a successful record protecting the rights of people charged with guns and weapons charges such as:

  • Carrying a concealed weapon without a permit, concealed carry violations
  • Felon in possession of firearm
  • Illegally carrying a short-barreled shot gun
  • Reckless aiming and pointing
  • Illegal transport of a weapon
  • Possession of an illegal firearm
  • Hunting without a license, hunting out of season
  • Federal weapons charges, ATF offenses

Success Built on Integrity and Hard Work for Every Client

Patrick Cafferty is an experienced criminal defense attorney who handles each case personally. Since 1994, he has been representing Wisconsin residents facing criminal charges and has earned the respect of his clients and many of the major players in the legal community. His dedication to client service and his record of success have earned him a listing as a Wisconsin Super Lawyer® from 2008 through 2026.

Weapons Charges by Statute

Specific weapons-case types we defend:

Weapons charges often stack with other violent-crime allegations. Our related practice areas:

Contact an Experienced Racine Gun Charges Attorney

From offices in Racine and Kenosha, the criminal defense attorneys at Cafferty and Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin. Don’t trust your case with a firm with one lawyer, you need a team of trusted experts. Contact the firm to arrange a free initial consultation with an experienced Racine gun charges attorney right away. You are welcome to call or text us 24 hours a day at 262-632-5000.

Frequently Asked Questions

I was charged with a gun crime in Racine, Wisconsin. Which lawyer handles weapons cases?
Hire someone who litigates suppression motions, because most Wisconsin weapons cases are won or lost on the search rather than the gun. Whether the stop was supported by reasonable suspicion, whether the frisk exceeded what Terry v. Ohio permits, whether the vehicle search had a valid basis, and whether consent was actually voluntary all decide these cases before any trial. Ask what the exposure really is, because it varies enormously: carrying concealed without a license under Wis. Stat. § 941.23 is a misdemeanor, while felon in possession under § 941.29 is a Class G felony, and the same conduct can be picked up federally under 18 U.S.C. § 922(g) with far harsher sentencing. If federal agents are involved, ask directly whether the firm practices in the Eastern District of Wisconsin. Cafferty, Scheidegger & Johnson, S.C. handles state and federal weapons matters and has tried homicide and serious felony cases to verdict. (262) 632-5000.
Is carrying a concealed weapon a felony in Wisconsin?
No. Carrying a concealed weapon without a license under § 941.23 is a Class A misdemeanor: up to 9 months jail and a $10,000 fine. Felon in possession of a firearm under § 941.29(1m) is the more serious charge: a Class G felony, which under § 939.50(3)(g) carries up to 10 years total. Wisconsin bifurcates that under § 973.01(2): a maximum of 5 years initial confinement plus a maximum of 5 years extended supervision, not 10 years of confinement on top of supervision. Federal prosecution under 18 U.S.C. § 922(g)(1) can elevate the same conduct to a 15-year maximum under 18 U.S.C. § 924(a)(8), or a 15-year mandatory minimum under the Armed Career Criminal Act at § 924(e).
How long do you go to jail for a gun charge in Wisconsin?
Depends on the statute. Concealed carry without a permit (§ 941.23): up to 9 months. Felon in possession (§ 941.29): up to 10 years. Possession of a short-barreled rifle or shotgun (§ 941.28): Class H felony, up to 6 years. Federal § 922(g)(1) prosecution: up to 15 years under 18 U.S.C. § 924(a)(8), or a 15-year mandatory minimum under § 924(e) with three qualifying prior violent or serious-drug felonies committed on occasions different from one another.
Can a felon ever own a gun in Wisconsin?
Not without a restoration of rights. Wisconsin does not automatically restore firearm rights after sentence completion. A Governor's pardon under state law is the primary pathway, and it does more than people assume: under 18 U.S.C. § 921(a)(20) a pardoned conviction "shall not be considered a conviction for purposes of this chapter" unless the pardon expressly says the person may not possess firearms. So a Wisconsin pardon lifts both the state bar under § 941.29(5)(a) and the federal § 922(g)(1) bar as to that conviction. It does nothing about a federal conviction or an unpardoned out-of-state predicate. For federal convictions the relief mechanism at 18 U.S.C. § 925(c) lets a prohibited person apply to the Attorney General, and it sat dormant for decades because appropriations riders barred ATF from spending funds to act on those applications. On March 20, 2025 the Department of Justice published an interim final rule, 'Withdrawing the Attorney General's Delegation of Authority,' removing the moribund ATF adjudication regulations and the related delegation. A July 22, 2025 notice of proposed rulemaking would add criteria at 28 CFR part 107, which is proposed and not final: part 107 does not appear in the current Code of Federal Regulations. The Attorney General has meanwhile published Federal Register notices of granted relief, including April 29, 2025, February 23, 2026, and May 29, 2026. The route exists and is being used, but it is rare and procedurally unsettled.
What's the difference between state and federal gun charges?
Maximums and procedure. State § 941.29 is a Class G felony with a 10-year cap (5 years confinement plus 5 years extended supervision under § 973.01(2)). Federal 18 U.S.C. § 922(g)(1) carries a 15-year maximum under § 924(a)(8) and, with three qualifying priors, a 15-year mandatory minimum under ACCA at § 924(e). Federal prosecutors also work cases through Project Safe Neighborhoods task forces and have access to federal investigative resources state prosecutors do not. Whether a case goes state or federal often depends on prior history and how investigators became involved.
Can a gun charge be expunged in Wisconsin?
Limited. Under § 973.015, expungement is available only if the offense was committed under age 25, qualifies (Class H or lower felony, or any misdemeanor), and the court ordered expungement at the time of sentencing. The misdemeanor § 941.23 (CCW without permit) qualifies; the felony § 941.29 (felon in possession, Class G) does not. Federal convictions cannot be expunged.
Will a gun charge show up on a background check?
Yes. Both state and federal firearms convictions appear on standard criminal background checks, on CCAP for state cases, and on the FBI's NICS database used for firearm purchase background checks. A felony firearm conviction is a permanent prohibitor under federal law and will block all future firearm purchases nationwide.
Should I plead guilty to a gun charge?
Almost never as a first response. Firearms cases turn heavily on the lawfulness of the search that found the weapon. Most § 941.29 / § 922(g)(1) cases begin at a traffic stop, a probation search, or an execution of an unrelated warrant, and each of those has its own constitutional analysis. Suppression motions win or lose these cases more often than trials do.
Can post-Bruen challenges still beat a Wisconsin gun charge?
Some, especially around prohibited-places and licensing-scheme arguments. N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), established a history-and-tradition test that has produced split outcomes in lower federal courts on § 922(g) categories. Wisconsin appellate courts and the Seventh Circuit are still working through the implications. The defense landscape is unsettled and worth raising.
Does a domestic violence misdemeanor disqualify me from owning a gun?
Often, but not automatically, and the exception matters enormously. Under 18 U.S.C. § 922(g)(9) a misdemeanor crime of domestic violence triggers a federal firearms prohibition. The federal definition at 18 U.S.C. § 921(a)(33)(A)(ii) requires the use or attempted use of physical force as an element of the offense. Wisconsin's disorderly conduct statute has no such element, and in Doubek v. Kaul, 2022 WI 31, a unanimous Wisconsin Supreme Court held that "disorderly conduct is not a misdemeanor crime of domestic violence under federal law, and therefore does not disqualify a person from holding a CCW license." A Wisconsin domestic-abuse modifier is a surcharge designation under § 968.075, not an element, so it does not by itself convert a § 947.01 conviction into a federal prohibitor. The federal bar attaches to force-element misdemeanors such as battery. That is exactly why the charge you plead to, not just the modifier, is the decisive lever in a domestic-related case. Note also that under § 921(a)(33)(C), a single qualifying misdemeanor against a dating partner can be restored 5 years after the sentence is completed, absent further qualifying offenses.
How much does a gun-charge defense cost?
Cases run from a few thousand dollars for a simple misdemeanor § 941.23 to multiples of that for federal § 922(g) prosecutions with suppression litigation, expert witnesses, and ACCA challenges. Free initial consultations let you understand exposure and scope before committing. The cost of conviction (lifetime firearm prohibition, federal prison time, immigration consequences for non-citizens) is almost always larger.

Why Choose Cafferty

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Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty, Scheidegger & Johnson defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

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The attorneys at Cafferty, Scheidegger & Johnson have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

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Proven Experience

The dedication of the team at Cafferty, Scheidegger & Johnson to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Preeminent rating by Martindale-Hubbell. Cafferty, Scheidegger & Johnson is backed by more than 32 years of trial skills and courtroom experience.

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