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2nd Amendment Violation

By: Derek Hawkins//April 15, 2019//

2nd Amendment Violation

By: Derek Hawkins//April 15, 2019//

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7th Circuit Court of Appeals

Case Name: Rickey I. Kanter v. William P. Barr, et al.

Case No.: 18-1478

Officials: FLAUM, RIPPLE, and BARRETT, Circuit Judges.

Focus: 2nd Amendment Violation

Rickey I. Kanter pleaded guilty to one count of mail fraud under 18 U.S.C. § 1341. Due to his felony conviction, he is prohibited from possessing a firearm under both federal and Wisconsin law. At issue in this case is whether the felon dispossession statutes—18 U.S.C. § 922(g)(1) and Wis. Stat. § 941.29(1m)—violate the Second Amendment as applied to Kanter. Even if Kanter could bring an as applied challenge, the government has met its burden of establishing that the felon dispossession statutes are substantially related to an important government interest. We therefore affirm the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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