Q: What is the legal definition of "possession of a firearm" in Wisconsin?
My wife was recently banned from possessing a firearm under a Chapter 51 mental health commitment. I have a concealed carry permit and a handgun that I regularly carry. I know if it is on my person, I'm considered in possession and she is not, but what about in our home? If the gun is locked in a safe that she does not have the combination to, or a biometric safe registered only to my fingerprints, is that still considered possession by her because it's on our property?
A:
941.29 Possession of a firearm.
(1) A person is subject to the requirements and penalties of this section if he or she has been:
(a) Convicted of a felony in this state.
(b) Convicted of a crime elsewhere that would be a felony if committed in this state.
(bm) Adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.
(c) Found not guilty of a felony in this state by reason of mental disease or defect.
(d) Found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.
(e) Committed for treatment under s. 51.20 (13) (a) and ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.
(em) Ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a
The gun would have to be locked up and unavailable to her. Ownership could be possession but it is really a matter of control. Can she get at it or does she have any control. I believe it would be best kept off premises.
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