2nd Amendment Violation

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Mitchell L. Christen

Case No.: 2019AP1767-CR

Officials: BLANCHARD, J.

Focus: 2^nd Amendment Violation

Mitchell Christen was found guilty at a jury trial of charges that included operating or going armed with a firearm while under the influence of an intoxicant, in violation of WIS. STAT. § 941.20(1)(b). Christen argued in the circuit court that the § 941.20(1)(b) charge should be dismissed on the ground that it violates the Second Amendment in all cases in which it is applied to the conduct of any person who is inside his or her residence, as he was in this case. The circuit court declined to dismiss the charge. The court rejected Christen’s “broad constitutional argument that there’s no way that this could be consistent with the constitution in light of” the decision of the U.S. Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008).  Christen apparently intends to renew the same argument on appeal. I reject the argument as a misframed as-applied constitutional challenge and accordingly 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.