State v. Thomas M. Pocian, 2012 WI App 58 (recommended for publication); for Pocian: Martin E. Kohler, Craig S. Powell, Geoffrey R. Misfeldt; case activity ¶2 In 1986, Thomas M. Pocian was convicted of writing forged checks, a felony. Twenty-four years later, Pocian was prosecuted under Wis. Stat. § 941.29, which prohibits a felon from possessing a firearm. Relying on Heller and McDonald, Pocian… Read more
34. Bear Arms, 2nd Am.
State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12 court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity The court rejects challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35… Read more
State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11 court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended… Read more
State v. Jeremy D. Pinnow, Milwaukee Co. Circ. Ct. No. 2010CM1978, 2/11/11 circuit court decision; case activity Carrying concealed weapon charge dismissed, under as-applied (state) constitutional challenge, Art. I § 25. Pinnow had a cased, unloaded gun underneath the seat of his car, had himself been the recent victim of an armed robbery, believed with reason… Read more
State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 Clark County circuit court decision; for Schultz: William Poss, SPD Trial, Black River Falls The complaint in this matter alleges that on June 10, 2010, the defendant was carrying a concealed weapon, a knife in the waistband of his pants which was covered by… Read more
7th circuit court of appeals decision (en banc) Second Amendment – Categorical Ban on Possession Categorical legislative bans on gun possession are permissible under the second amendment, including those for convictions of misdemeanor crimes of domestic violence per 18 U.S.C. § 922(g)(9), which the court now upholds. District of Columbia v. Heller, 128 S. Ct… Read more
McDonald v. City of Chicago, USSC No. 08-1521, 6/28/10 Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession… Read more
Joseph E. Koll, Jr v. Dept of Justice, 2009 WI App 74, PFR filed 4/29/09 For Koll: Alexander L. Ullenberg Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun. Holding: The federal Gun Control Act bars… Read more
