The Wisconsin Out of State Felony Conundrum and the New 2nd Amendment Argument to Restore Firearm Rights To Non-Violent Felons
Currently, if you are a resident of Wisconsin who have been convicted of a felony, you are not eligible to possess a firearm in the state of Wisconsin. Wis. Stat. § 941.29(5)(a). If the felony that is on your record is for a conviction in Wisconsin, how you get your gun rights is relatively straight forward. You can obtain a pardon of your Wisconsin felony conviction, and get your firearm rights. Which I am not saying is easy. But the process is straightforward. But this article is not about how to get your gun rights back through a pardon. It is about the more challenging issue of what do you do if you felony conviction preventing you from firearms is from out of state.
The old way where you were completely stuck
Until recently, if you were a Wisconsin resident who had a felony conviction in a neighboring state such as Minnesota or Illinois, there was nothing you could do to restore your firearm rights through Wisconsin legal action. You could not seek a pardon of your out of state case in Wisconsin because you can only obtain pardons from the state of Wisconsin for felony convictions that occurred in the state of Wisconsin. The only thing you could do is go back to the original state where your felony originated from and obtain a pardon. But how difficult it is to get a pardon in other states very widely. And even beyond how difficult or easy the process was, it can be frustrating and time consuming for a Wisconsin resident to go to another state to try and get legal recourse for a problem that is impacting you in your home of Wisconsin.
The new argument to get your gun rights back for out-of-state felonies
In 2022, the Supreme Court of the United States decided Bruen and changed the landscape of 2nd amendment litigation in America. Bruen put the burden on the government to the prove the law restricting gun rights is “consistent with this Nation’s historical tradition of firearm regulation.” New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). This was a gamechanger in 2nd amendment litigation because it completely changed how the issue was analyzed. This causes questions about many cases that were decided before Bruen.
Wisconsin Non-Violent Felony Case Law is Rooted in Pre-Bruen Cases
In 2021, the State of Wisconsin ruled against the non-violent felony 2nd amendment argument. State of Wisconsin v. Roundtree, 2021 WI 1. But they did so by using the rationale of cases before the 2022 Bruen case which was a watershed case that changed everything. As of March 19, 2026, when I am writing this, there is no new Wisconsin appellate caselaw squarely addressing where Wisconsin stands on the non-violent felony 2nd amendment argument using the new Bruen analysis. If you have a non-violent felony from another state, this is your time to take your case to court to try and get your gun rights back.
Federal law shows that it will be a difficult but winnable fight
There is no Wisconsin appellate caselaw yet, but the federal circuits show that it is a difficult but winnable fight to get gun rights back after Bruen. The 2nd, 4th, 8th, 9th, 10th, and 11th federal circuit have gone against this argument by holding that 18 U.S.C. 922(g)(1) is constitutional as applied to all felons regardless of whether it was a non-violent felony or not. (see United States v. Hembree, __ F.4th __ (5th Cir. Jan. 27, 2026)). But do not be disheartened. Because the 3rd and 5th federal circuits have both come out with favorable opinions granting 2nd amendment arguments for people with non-violent felonies. This is the more logical argument and I think Wisconsin should follow the 3rd and 5th federal circuits. In 2023, 2nd amendment advocates got a big victory in Range v. Attorney Gen., where a person with conviction for false statements (a non violent offense), won because the restriction of his firearm rights violated the 2nd amendment. 69 F.4th 96 (3rd Cir. 2023) (the whole history of Range case is beyond the scope of this blog, see Range, 124 F.4th 218 (3d Cir. 2024). Then on January 27, 2026, another major victory for 2nd amendment advocates came in the 5th Circuit where possession of a controlled substance (a non-violent offense) was deemed to be inadequate basis to deny the right to have firearms. United States v. Hembree, __ F.4th __ (5th Cir. Jan. 27, 2026). Which is very encouraging and all the more reason for if you are wanting to get your gun rights back to take action.
Conclusion
If you are a resident of Wisconsin and have an out of state felony and want to get your gun rights back, you do not want to contact any old lawyer. You want a lawyer who is knowledgeable about gun rights law and how to argue the 2nd amendment. Contact Subzero Expungements, Pardons & Appeals for a free consultation. 651-248-5142