Motion to Vacate – Constitutionality

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Taurus Donnell Renfro

Case No.: 2019AP193-CR

Officials: KESSLER, J.

Focus: Motion to Vacate – Constitutionality

Taurus Donnell Renfro appeals a judgment of conviction, following a jury trial, of one count of carrying a concealed weapon. Renfro also appeals the postconviction order denying his motion to vacate his conviction.  Renfro argues that under Hamdan and the Wisconsin Constitution, WIS. STAT. § 941.23 is unconstitutional as applied to him because article I, section 25 of the Wisconsin Constitution specifically states: “The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.”  Under the test established in Hamdan, to sustain an as applied challenge to WIS. STAT. § 941.23, a defendant must show that: (1) the defendant’s need to conceal the weapon substantially outweighed the State’s interest in enforcing the concealed weapons statute, and (2) the defendant lacked any other reasonable alternative to concealment, under the circumstances, to exercise his or her constitutional right to bear arms. Hamdan, 264 Wis. 2d 433, ¶86. We affirm.

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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.