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Poll raises questions about red flag laws

On Behalf of | Jul 6, 2022 | Criminal Defense |

As the conversation around gun control evolves, more states need to reckon with public outcry for change. It is difficult to predict how that change may affect things, which makes it important to understand what the law currently is and what policy changes aim to adjust.

As TMJ4 Milwaukee News reports, a recent poll showed 81% in support of red flag laws.

On paper and in practice

Red flag laws refer to state policy where family members or other concerned individuals have the right to petition a judge to remove firearms from loved ones or those who make credible threats to kill someone. Supporters cite rising gun violence as reason enough to implement them. Opponents of the move worry that allowing law enforcement to determine which claims are genuine may result in different results in Black and Brown communities.

Questions point out unknowns such as who qualifies as family members and what justifies firearm removal.

Wisconsin gun laws on the books

Currently, Wisconsin has no requirements to have a license to own a firearm, though short-barreled shotguns and rifles, along with fully automatic firearms, are illegal. Those who cannot possess a firearm include:

  • Those convicted of a felony
  • Those found not guilty of a felony for mental disease or insanity
  • Those subject to court orders prohibiting firearms

For those facing criminal charges, a conviction may result in Wisconsin removing the right to possess a firearm despite the usual second amendment protections. This is just one of the many reasons why defending against these allegations is so important for people’s peace of mind now and their future later.



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