State v. Schmidt

(concurring) — I concur with the majority but write separately to point out that the overwhelming majority of other jurisdictions have also concluded that statutes prohibiting felons from possessing firearms do not violate the ex post facto clause even when the predicate felony was committed before the statute was enacted. State v. Peters, 261 Neb. 416, 622 N.W.2d 918 (2001) (listing cases from various federal and state jurisdictions).

The general consensus among courts applying both state *679and federal laws is that such statutes punish present conduct only and, thus, the statutes are…