Firearms — felon in possession — constitutionality

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Wisconsin Court of Appeals

Criminal

Firearms — felon in possession — constitutionality

Daniel Rueden appeals his conviction under Wis. Stat. § 941.29, the felon-in-possession-of-a-firearm statute. Rueden contends that the felon-in-possession statute violates both the Second Amendment of the United States Constitution and our state counterpart provision, Article I, § 25 of the Wisconsin Constitution. Rueden argues that the felon-in-possession statute is facially overbroad because it places a lifetime ban on the possession of firearms by persons who have not committed violent felonies. Rueden also argues that the felon-in-possession statute is unconstitutional as applied to him because his prior felony was nonviolent and he had completed his sentence relating to that crime. As explained below, our recent decision in State v. Pocian, 2012 WI App 58, __ Wis. 2d __, __ N.W.2d __ (No. 2011AP1035-CR), is controlling and requires rejection of Rueden’s arguments. Accordingly, we affirm the circuit court. Not recommended for publication in the official reports.

2011AP1034-CR State v. Rueden

Dist IV, Clark County, Fleishauer, J., Lundsten, P.J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; Lamb, Kaitlin A., Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Zwieg, Darwin L., Neillsville