Madison, WI asked in Criminal Law and Civil Rights for Wisconsin

Q: I have a harassment restraining order without firearm restrictions. Order is in effect until may 2025 can I buy a gun?

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Wisconsin, whether you can purchase a gun while having a harassment restraining order against you depends on the specific terms of the order. Since your restraining order does not include firearm restrictions, it may not automatically prohibit you from purchasing a firearm. However, it's important to carefully review the order and any accompanying documentation to ensure there are no specific prohibitions or conditions related to firearms.

Keep in mind that federal law may also come into play. Under federal law, individuals are prohibited from possessing firearms if they are subject to certain types of restraining orders, typically those involving domestic violence. However, if your restraining order doesn't fall under these categories and doesn't specifically restrict firearm possession, federal law may not prohibit you from owning a gun.

It's also important to consider any state-specific regulations or laws that might affect your eligibility to purchase a firearm. Wisconsin may have additional requirements or restrictions that need to be taken into account.

Given the legal complexities and the serious nature of the issue, it would be advisable to consult with a lawyer. A lawyer can provide guidance based on the specifics of your restraining order and ensure that you remain compliant with both state and federal laws.

Remember, the primary concern is to abide by the law and ensure that all actions taken are within legal boundaries. A clear understanding of your legal rights and responsibilities is crucial in this situation.

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