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Thread: Does the Second Amendment protect non-violent felons?

  1. #1
    Administrator John Pierce's Avatar
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    Does the Second Amendment protect non-violent felons?

    The answer, according to the Wisconsin Court of Appeals, is “No”.


    The court ruled today against Thomas Pocian, who, in 1986, was convicted of felony forgery. Subsequently, in 2008, Pocian shot two deer with a rifle borrowed from his father. After reporting the deer to the DNR, he was charged with being a felon in possession of a firearm in violation of Wisconsin Statute § 941.29. The trial court convicted Pocian and he appealed based upon both constitutional overbreadth and as-applied challenges to the statute.

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  2. #2
    Campaign Veteran skidmark's Avatar
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    Correct me if I am wrong, but have not most of the courts that have heard appeals historically agreed that there is a very limited right that convicted felons may posses modern firearms only during the act of self defense.

    I have not researched the Wisconsin laws to see if they classify black powder boomsticks* as firearms or not, regardless of what Federal law says on the matter.

    stay safe.

    *If the Federal law says black powder impliments are not firearms, and it is misleading and disinjenous to refer to them as "weapons", what should one refer to them as?
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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  3. #3
    Herr Heckler Koch
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    Quote Originally Posted by skidmark View Post
    I have not researched the Wisconsin laws to see if they classify black powder boomsticks* as firearms or not, regardless of what Federal law says on the matter.
    §167.31(c) “Firearm” means a weapon that acts by force of gunpowder.

    §939.22(10) “Dangerous weapon” means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
    Last edited by Herr Heckler Koch; 04-11-2012 at 07:06 PM.

  4. #4
    Regular Member rushcreek2's Avatar
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    This question rests upon the issue of whether or not the state (if it is a state conviction) has restored the firearm right to the person- regardless of the degree of the felony conviction.

    Federal law defers to the respective state law, and other states may or may not honor restoration of the right.

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