Wisconsin lifetime felony ban being challenged

Court challenge targets right of felons to own guns
by WRN Contributor on May 2, 2011

in Crime & Courts

A Wisconsin law that imposes a lifetime ban on possession of firearms for convicted felons is being challenged in Clark County Court. Attorney Matthew Prior has filed a motion to dismiss a felony possession of a firearm case against Merlin Tackes of Kewaskum, which was filed last year.

According to the brief in support of his motion, Prior notes that Tackes was convicted of felony theft in 1983. Felony theft is not considered a “violent offense” in Wisconsin.

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.

Paul Knoff, WCCN

I agree, non-violent felons should have all their rights restored once they've served their time. Heck, so many things are considered felonies now, like knowingly walking into a GFSZ.

As Doug used to say, "They will simply lower the bar as to what is considered a felony to disarm the public"

Nutczak said:

As Doug used to say, "They will simply lower the bar as to what is considered a felony to disarm the public"

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I know in some places, if the cops say you were running from them, they could charge with you felony eluding. What does that even mean?

Good subject. I think they should have their rights restored too, with a caveat perhaps.

For example, let's say someone commits a non-violent crimes while is possession of a gun. Should they have their rights restored? I'm not making an argument, just posting it as something to think about or discuss. Would this class E felony be considered "violent"?

Nutczak said:

As Doug used to say, "They will simply lower the bar as to what is considered a felony to disarm the public"

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Which is why we in the firearm rights community should fight for an unequivocal right to possess firearms, even by violent felons.

Nowhere in the US Constitution does it say rights can be attenuated. Hence, restricting even people who have committed violent crimes from possessing a firearm is unconstitutional.

Let's punish people for violent acts.... Not for possessing objects.

Highline said:

Which is why we in the firearm rights community should fight for an unequivocal right to possess firearms, even by violent felons.

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I strongly disagree with you.

Highline said:

Which is why we in the firearm rights community should fight for an unequivocal right to possess firearms, even by violent felons.

Nowhere in the US Constitution does it say rights can be attenuated. Hence, restricting even people who have committed violent crimes from possessing a firearm is unconstitutional.

Let's punish people for violent acts.... Not for possessing objects.

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Capital punishment isn't used as often as it should. What ever happened to public hangings anyway?

Oh, I've got this one.

In Il for example, the death penalty was halted, then stopped completely after an initial investigative piece by two Sun Times writers was published.

It became a huge story. Anywho... The bottom line was that something like 177 death penalty convictions out of 200 something over the years were eventually overturned in iL. Only no one knew it because they don't keep records of trivial stuff like that. Now add DNA to the mix. There are even more convictions being overturned. More examples of innocent victims being railroaded by corrupt cops and prosecutes.

see Connick vs Thompson

So, long story short, the facts were so shocking then Gov Ryan immediately stepped in.

http://articles.cnn.com/2011-03-09/...ital-punishment-death-row-inmates?_s=PM:CRIME

Illinois conducted its last execution in 1999. Then-Gov. George Ryan, a Republican, halted executions in 2000 after revelations that 20 death-row convicts were not guilty of the crimes that put them there. Ryan commuted 167 death sentences to life in prison without parole, and Quinn commuted another 15 on Wednesday.

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So I guess you can't hang 'em high when many are in fact innocent.

Nutczak said:

As Doug used to say, "They will simply lower the bar as to what is considered a felony to disarm the public"

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& it happens all the time...there are many a million laws on the books....

protias said:

Capital punishment isn't used as often as it should. What ever happened to public hangings anyway?

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Public hangings eh?
Well to start, I would say we should go after people that have, or are, committing an act of treason. I think we might agree, that we should start with our elected officials. In my area, over half are guilty of this crime.

I do not believe in the idea of a felon on my streets.
I feel that if a person is let out of jail, he/she should be free again.
If we (the people) do not trust this person, why in the world would you want him/her to be able to walk your streets?
A felon belongs in jail, a free person, should be free. A free person, must have a free persons rights.

AaronS said:

If we (the people) do not trust this person, why in the world would you want him/her to be able to walk your streets?
A felon belongs in jail, a free person, should be free. A free person, must have a free persons rights.

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/Thread


Couldn't have said it better myself.




Sent from my DROID2 GLOBAL using Tapatalk

protias said:

Capital punishment isn't used as often as it should. What ever happened to public hangings anyway?

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Brady bunch want to deter crime... That would be the most effective way, not taking guns away.

Make a stand. you f*ck up you hang.

Way to go Cheese heads, now thats thinking outside the box

Read much?

How about post # 9?


http://articles.cnn.com/2011-03-09/...ital-punishment-death-row-inmates?_s=PM:CRIME

Here, I'll spell it out for you

see Connick vs Thompson

In 1985, John Thompson was convicted of murder in Louisiana. Having already been convicted in a separate armed robbery case, he opted not to testify on his own behalf in his murder trial. He was sentenced to death and spent 18 years in prison—14 of them isolated on death row—and watched as seven executions were planned for him. Several weeks before an execution scheduled for May 1999, Thompson's private investigators learned that prosecutors had failed to turn over evidence that would have cleared him at his robbery trial. This evidence included the fact that the main informant against him had received a reward from the victim's family, that the eyewitness identification done at the time described someone who looked nothing like him, and that a blood sample taken from the crime scene did not match Thompson's blood type.

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Brady Bunch my ass.

The ban is silly. Bad guys will get guns anyway. Duh. :banghead: