If I lost my gun rights because of a Wisconsin juvenile offense, can I get my gun rights back? A Wisconsin gun rights lawyer explains.

Note: The image used in this post is a stock photo and is for illustrative purposes only. The person depicted does not represent or resemble the individuals discussed in this article.

Some people are surprised that you can lose your gun rights due to a juvenile adjudication. And if your offense happened before 1994, you may be in the clear depending on the circumstances of your juvenile offense. But for those who have been, “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,” are prohibited from firearms. Wis. Stat. § 941.29 (1m)(bm). What that means in plain English is that felony juvenile felony offenses committed after April 21, 1994, are treated just the same as felony adult offenses for firearm rights. This creates a problem for many Wisconsin residents who had juvenile offenses in their youth, but have moved on from their offense.

The restoration process and how to get your gun rights back

Before explaining the juvenile process, it’s important to understand the adult felony process because it confuses some people. In Wisconsin, there is no process to petition the court for your firearm rights back for an adult offense like in some other states (Minnesota being one of them). Outside of the court system, Wisconsin has a process through a pardon application to get your gun rights back. And some people assume because there is no broad process of restoration petitions like other states that Wisconsin doesn’t have any judicial process to do this. But that assumption is wrong. If a juvenile adjudication is what is holding you back from gun rights, you are allowed to petition the court to ask for your gun rights back. Wis. Stat. § 941.29 (8). This provision which some people overlook is the way to get your gun rights back because the pardon process is limited to adult felony convictions rather than juvenile adjudications.

Conclusion

If a juvenile adjudication is preventing you from having your gun rights, contacting an attorney can help you figure out what the best path forward is to restore your gun rights. Contact Subzero Expungements, Pardons & Appeals for a free consultation. 651-248-5142.