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ATTORNEY CLAIMS WISCONSIN STATUTE IS UNCONSTITUTIONAL
Monday, May 2nd, 2011 -- 12:27 pm
Posted by Riley Hebert-News Director
There’s another court challenge to a Wisconsin law that imposes a lifetime ban on possession of firearms by felons.
Attorney Matthew Prior has filed a motion to dismiss the case against Merlin Tackes of Kewaskum. Tackes was charged with felony possession of a firearm last year.
Tackes was convicted of felony theft in 1983. Felony theft is not considered a “violent offense” in Wisconsin, according to the brief in support of Prior's motion.
While Tackes’ sentence was withheld, he completed his probation. While his other civil rights were restored, his 2nd Amendment right to possess a firearm was not.
Prior cites two recent Supreme Court rulings—McDonald and Heller—to bolster his claim that the Wisconsin Statute is an overreach.
Section 941.29 of Wisconsin Statutes creates a lifetime ban on possessing a firearm for anyone convicted of a felony. Prior says there is “no compelling interest” for the state to prohibit non-violent felons from owning a gun.
A review of the motion is set for May 16th in front of Clark County Circuit Court Judge Jon Counsell.
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