Comments on: Seventh Circuit Criminal Case of the Week: If You Own a Gun, Don’t Steal Cable http://law.marquette.edu/facultyblog/2009/11/07/seventh-circuit-criminal-case-of-the-week-if-you-own-a-gun-dont-steal-cable/ Sat, 11 Feb 2012 21:08:33 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Peter Heyne http://law.marquette.edu/facultyblog/2009/11/07/seventh-circuit-criminal-case-of-the-week-if-you-own-a-gun-dont-steal-cable/comment-page-1/#comment-26891 Peter Heyne Mon, 09 Nov 2009 04:54:32 +0000 http://law.marquette.edu/facultyblog/?p=7867#comment-26891 This disparate treatment is disturbing. At least the Wisconsin felon-in-possession statute, s. 941.29, is clear: any felony period, even the 'most nonviolent,' triggers the firearms disability, which is de facto permanent. See my final comment on this past blog <a HREF="http://law.marquette.edu/facultyblog/2009/07/06/prior-convictions-as-an-element-of-a-crime-the-effect-of-stipulations-after-state-v-warbelton/#comments" rel="nofollow">entry</A>. Further, the exceptions to the firearms disability pursuant to domestic/child abuse restraining orders and injunctions are rational, grounded not on the offense (e.g., only some types of abuse but not others), but on the status of the offender: being a peace officer or member of the military required to possess a firearm in the line of duty (see s. 941.29(10)). This disparate treatment is disturbing. At least the Wisconsin felon-in-possession statute, s. 941.29, is clear: any felony period, even the ‘most nonviolent,’ triggers the firearms disability, which is de facto permanent. See my final comment on this past blog entry.

Further, the exceptions to the firearms disability pursuant to domestic/child abuse restraining orders and injunctions are rational, grounded not on the offense (e.g., only some types of abuse but not others), but on the status of the offender: being a peace officer or member of the military required to possess a firearm in the line of duty (see s. 941.29(10)).

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