Legal Question in Criminal Law in Wisconsin

Dear Professional,

There was an incident at my residence with my oldest son 23 years of age, a senior in college, came home intoxicated and became increasingly agitated and then violent where I had to call police to restore control.

He was arrested. The police took his firearms/ammunition from the premises. I requested a receipt but told I could not get one.Once he was sober he was fine. This was a first time that this ever happened. He has no previous criminal record.

Since I made the call and was considered the victim in this case I met with the district attorney and the district attorney dropped any charges of domestic violence. He was remanded to the municipality and cited for disorderly conduct.

The police department will not return his firearms and give him a definite answer once he pays the disorderly conduct fine if he'll get them back. Some of these firearms are registered in my name where he was using them for target practice.

He was told by the police department at the District Attorneys office he could pick up his fire arms the next day. Since he is in college and ready to graduate in three weeks:

1. Are his rights being violated by not returning the fire arms?

2. What legal grounds can the police now withhold the firearms?

Post note: He does not even remember the incident. I advised him to plead no contest to the disorderly conduct charge. Normally he is a gentle giant.


Asked on 11/30/09, 1:14 pm

1 Answer from Attorneys

Jeffrey Murrell Law Office of Jeffrey L. Murrell

If you let the police sit on those firearms, they will keep them indefinitely. You need to file a petition for return of your property with the court ASAP. You should get a hearing date.

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Answered on 12/14/09, 9:02 am

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