Gun Ownership: Who Can I Transfer a Gun to in Wisconsin?

By
April 7, 2021

There are federal and state laws that may apply when transferring ownership of a gun. These laws apply when gifting or selling a gun during lifetime, or when transferring a gun after the death of the gun owner. Attorney Kayla Murphy answers the question of to whom a gun can be transferred under Wisconsin law in her latest vlog.

Video Transcript:

My name is Kayla Murphy, and I’m an attorney on Ruder Ware’s Estate Planning Team. My topic for today is transferring gun ownership in Wisconsin. There are federal and state laws that may apply when transferring ownership of a gun. These laws apply when gifting or selling a gun during lifetime, or when transferring a gun after the death of the gun owner.

Many people know that felons are prohibited from owning guns. In addition, Wisconsin law prohibits persons that were convicted of crimes elsewhere that would be a felony if committed in Wisconsin from owning guns, and even prohibits persons found not guilty of a felony from owning a gun if the person was found not guilty by reason of mental disease or defect.

But there are many other reasons that a person may be prohibited from owning a gun.

In addition to felons, federal law prohibits transferring a firearm to the following persons:

  1. A fugitive
  2. An unlawful user or addict of certain drugs and controlled substances
  3. A person with certain mental health issues
  4. An alien illegally in the United States or admitted under a nonimmigrant visa
  5. A person dishonorably discharged from the military
  6. A person who has renounced his or her U.S. citizenship
  7. A person subject to certain court orders that restrain such person from harassing, stalking, or threatening an intimate partner or child of such partner and
  8. A person convicted of a misdemeanor crime of domestic violence. States also have their own state laws that may prohibit additional persons from possessing a gun. Wisconsin state law provides that it is a felony to give a firearm to any person under the age of 18, with some exceptions such as the use of a firearm for hunting or target practice. In addition, Wisconsin state law prohibits from possessing a firearm persons that were ordered by a court not to possess a firearm for certain reasons.

When transferring a gun, we typically recommend contacting a federal firearms licensee, who will perform a background check on the recipient. In some situations, using a federal firearms licensee is mandated. If you’re interested in learning more about the steps for transferring gun ownership, watch for my blog on this topic coming later this month, or feel free to contact any attorney on Ruder Ware’s Estate Planning Team.

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The content in the following blog posts is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these blog posts may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these blog posts without discussing your specific situation with legal counsel.

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