Criminal – Constitutionality

By: Derek Hawkins//December 2, 2015//

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WI Court of Appeals – District III

Case No:2015AP53-CR

Case Name: State of Wisconsin v. Cory S. Herrmann

Officials: Stark, P.J., Hruz and Seidl, JJ.

Pertinent Practice Areas: Criminal – Constitutionality

Cory Herrmann appeals that portion of a judgment convicting him of possession of a switchblade knife, contrary to WIS. STAT. § 941.24(1). Herrmann argues § 941.24(1) is unconstitutional, both facially and as applied to him, because it violates his right to bear arms, as guaranteed by the Second Amendment to the United States Constitution and article I, section 25 of the Wisconsin Constitution. We agree with Herrmann that § 941.24(1) is unconstitutional as applied to him. We therefore reverse that portion of the judgment convicting Herrmann of possession of a switchblade knife.

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