Doug Huffman
Banned
http://www.jsonline.com/blogs/news/105208759.html
MJS' Vilmetti said:Wisconsin's law banning all felons from ever possessing a gun violates the 2nd Amendment, according to a lawyer for a man who has challenged the long-standing prohibition.
Assistant Public Defender William Louis Poss, of Black River Falls, makes the argument in a motion to dismiss a felon in possession charge against Daniel Rueden of Spencer.
[...]
Poss recently won a Clark County trial court ruling that Wisconsin's ban on concealed weapons is unconstitutional, citing some of the same cases he uses in Rueden's case.
[...]
As in that case, Poss cites recent U.S. Supreme Court decisions that expressly extended to the states the 2nd Amendment's right to keep guns. The cases, from 2008 and 2010, overturned gun bans in Washington, D.C. and Chicago.
Poss argues that states can't deny a fundamental right completely, for life, without the law passing strict scrutiny, that is, it must justified by a compelling government interest, be narrowly tailored to protec that interest, and be the least restrictive means of protecting it.
The argument goes like this: the ban denies all felons, no matter the nature of their offense, or long ago it occurred or how law-ablding they have been since. Therefore, it is overbroad, and improper.