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, 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
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.
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.
Concealed carry
§ 941.23 focuses on a concealed dangerous weapon. Licensing and reciprocity live in § 175.60. See our focused CCW charges page.
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.
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.
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:
- Felon in possession of a firearm, § 941.29 / 18 U.S.C. § 922(g)(1), state Class G felony and federal 15-year max / ACCA minimum.
- CCW (carrying concealed weapon) charges, § 941.23 / § 175.60, licensed vs. unlicensed, reciprocity, post-Bruen challenges.
- Wisconsin expungement and record-clearing strategy, § 973.015 eligibility for qualifying misdemeanors and Class H or I felonies.
Related Violent-Crime Defense
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.
