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Constitutional Law Keyed to Barnett
Kanter v. Barr
Citation:919 F.3d 437 (7th Cir. 2019)
Two laws were at issue in this case: a federal law, 18. U.S.C. § 922(g)(1), and a state law, Wis. Stat. § 941.29(1m). The Federal Law prohibited firearm possession by people convicted of felonies (“a crime punishable by imprisonment for a term exceeding one year”), but had exceptions for Federal or State offenses that pertained to “anti-trust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.” Additionally, the prohibition did not apply to any convictions that were expunged or for people who were pardoned or had their civil rights restored. In 1981, Wisconsin adopted a similar law, Wis. Stat. § 941.29(1m), which prohibited an individual from possessing a firearm if they had been convicted of a felony.
The Plaintiff-Appellant here was convicted of felony level Medicare fraud, and due to that conviction, was permanently prohibited from owning a firearm under federal and Wisconsin law. He brought suit in Federal court, arguing that the Federal law and Wisconsin law were unconstitutional violations on his Second Amendment rights.
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