Village of Somerset v. Mark J. Hoffman, 2015AP140, District 3, 5/17/16 (not recommended for publication); case activity (including briefs) Viewed through the interpretive prism mandated by § 66.0409(6), a local ordinance prohibiting “wander[ing] or stroll[ing] in an aimless manner” that is “not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons”… Read more
34. Bear Arms, 2nd Am.
Jaime Caetano v. Massachusetts, USSC No. 14-10078, 2016WL1078932 (per curiam), vacating Commonwealth v. Caetano, 470 Mass. 774, 26 N.E.2d 688 (2015); SCOTUSblog page (including links to briefs and commentary) Jaime Caetano obtained a stun gun in order to protect herself from an abusive boyfriend. When she was prosecuted for violating a Massachusetts statute that prohibited the… Read more
Tempest Horsley v. Jessica Trame, 7th Circuit Court of Appeals Case No. 14-2846, 12/14/15 Illinois law requires a person over the age of 18 but under the age of 21 to get a parent’s or guardian signature on an application for a firearm owner’s identification (FOID) card, which is generally necessary to lawfully possess or… Read more
The court of appeals’ decision in State v. Herrmann, which held that Wisconsin’s switchblade prohibition can’t be applied to a possession in a person’s home, has been attracting attention around the World Wide Web. Jurist’s Paper Chase has a news item. The Volokh Conspiracy has a post, and some sites focused on the right to keep and bear… Read more
State v. Cory S. Herrmann, 2015 WI App 97; case activity (including briefs) In light of the Second Amendment decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010), Wisconsin’s prohibition on the possession of a switchblade knife, § 941.24(1), is unconstitutional as applied to a… Read more
Question presented: Does a misdemeanor crime with the mens rea of recklessness qualify as a “misdemeanor crime of domestic violence,” as defined under 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9)? Lower court opinion: United States v. Voisine, 778 F.3d 176 (1st Cir. 2015); Docket; Scotusblog page Under 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9), a person convicted of a “misdemeanor crime… Read more
United States v. Mariano A. Meza-Rodriguez, 7th Circuit Court of Appeals No. 14-3271, 8/20/15 While aliens who are in the United States without authorization may invoke the protections of the Second Amendment, 18 U.S.C. § 922(g)(5), which prohibits unauthorized aliens from possessing firearms, is a reasonable regulation of the right to bear arms. Thus, Meza-Rodriguez’s prosecution… Read more
Steven Michael Leonard v. State of Wisconsin, 2015 WI App 57; case activity (including briefs) NOTE: This case’s analysis of whether DC is a misdemeanor crime of domestic violence is effectively overruled by Doubek v. Kaul, 2022 WI 31. The court of appeals concludes that there’s no basis in the record for determining whether Leonard’s disorderly conduct conviction qualifies as… Read more
