On Point blog, page 1 of 1
Third Circuit holds that federal felon in possession statute is unconstitutional as applied to defendant with nonviolent felony
Range v. Attorney General, 69 F.4th 96 (3d Cir. 2023).
In a case highlighting the changed legal landscape for firearm regulation, an en banc panel of the Third Circuit Court of Appeals concludes that the federal government cannot ban a nonviolent felon from lawfully possessing a firearm.
Some (brief) notes on Bruen
New York State Rifle & Pistol Association Inc. v. Bruen, USSC No. 20-843, 6/23/22 reversing N.Y. State Rifle & Pistol Ass’n v. Beach (2nd Cir. unpublished); Scotusblog page (including briefs and commentary)
You can read tons of analysis of, and commentary on, of this precedent-demolishing (and establishing) case at Scotusblog (and many, many other places). SCOTUS abandoned its previous balancing approach to assessing gun regulations under the Second Amendment in favor of a history-only approach (with that “history,” as so often in SCOTUS, very much in dispute). As to the specific question before it, the Court struck down state concealed-carry licensing regimes that invest authorities with discretion to decide whether to issue a permit to a given applicant (the so-called “may-issue” model).
SCOW rejects 2nd Amendment challenge to “going armed while intoxicated” statute
State v. Mitchell L. Christen, 2019AP1767-CR, affirming an unpublished court of appeals decision; 5/4/21, case activity (including briefs)
Christen was armed while drunk in his apartment when he threatened to shoot his roommates. A jury found that he violated §941.20(1)(b), which makes it a crime to operate or go armed with a firearm while intoxicated. Christen challenged the constitutionality of §941.20(1)(b) as applied to him because it burdened his 2nd Amendment right to armed self-defense under District of Columbia v. Heller, 554 U.S. 570 (2008). In a 5-1-1 opinion, SCOW rejects this challenge. Hagedorn concurs. R.G. Bradley dissents arguing in part that the prevalence of guns and copious alcohol consumption in the colonies show that the Framers guaranteed Americans the right to be armed while drunk.
SCOTUS will decide whether Constitution protects carrying guns outside the home
New York State Rifle & Pistol Association, Inc. v. Corlett, USSC No. 20-843, Cert. granted 4/26/2021; Scotusblog page (containing links to briefs and commentary)
Question presented:
Whether the state of New York’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.
SCOW rejects 2nd Amendment challenge to felon-in-possession statute
State v. Leevan Roundtree, 2012 WI 1, 1/7/21, affirming a per curiam court of appeals opinion, 2018AP594-CR; case activity (including briefs)
In 2003, Roundtree was convicted of multiple felony counts of failure to pay child support. Twelve years later, police executed a search warrant at his home and found a firearm and ammunition under his mattress. He pled guilty to one count of felon in possession. On appeal, he argued that §941.29(2)(2013-2014), which barred him from possessing a firearm, is unconstitutional as applied to his case. The statute has no time limit and draws no distinction between serious or violent felonies versus less serious felonies like failure to pay child support. In a 5-2 decision SCOW upheld the statute.
SCOW will decide whether Constitution includes right to be drunk at home with a gun
State v. Mitchell L. Christen, review of a one-judge court of appeals decision granted 9/16/17, case activity (including brief)
Issue presented:
Wisconsin Statute § 941.20(1)(3) provides whomever goes armed with a firearm while under the influence of an intoxicant is guilty of a Class A misdemeanor. The consumption of alcohol may lead an individual to become under the influence of an intoxicant, but the consumption of alcohol is not prohibited. The question presented is: Does the consumption of a legal intoxicant void the Second Amendment’s guarantee of the right to carry a firearm for the purpose of self-defense?
COA – conviction for carrying a concealed gun in a car constitutionally sound
State v. Taurus Donnell Renfro, 2019AP193, 9/17/19, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
Renfro was a passenger in a car stopped by the police. He was riding from his old residence to his parents’ house–he was moving in with them. When asked, he told the officers that he was carrying a gun in his pocket, and that he didn’t have a concealed-carry permit. A jury convicted him of violating Wis. Stat. § 941.23.
Rodney Class v. United States, USSC No. 15-3015, cert granted 2/21/17
Whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction?
Constitutional Defenses – Bear Arms – Fundamental Right, Under Wis. Const. Art. I, § 25 – Necessary Showing
State v. Munir A. Hamdan, 2003 WI 113, on bypass
For Hamdan: Chris J. Trebatoski
Issue/Holding:
¶86. In the meantime, we must give effect to the constitutional right embodied in Article I, Section 25.39 A defendant who challenges on constitutional grounds a prosecution for carrying a concealed weapon will be required to secure affirmative answers to the following legal questions before he or she is entitled to raise a constitutional defense.