State v. Bergquist

¶ 1. The State appeals from an order requiring it to return two guns to Kirk Bergquist. The State argues that pursuant to Wis. Stat. § 968.20(lm)(b), the guns cannot be returned to Bergquist because he committed a crime involving their use.1 The circuit court ordered the guns returned to Bergquist after concluding that forfeiture of the guns would violate the United States Constitution's prohibition of excessive fines. We conclude that nonreturn of weapons used in the commission of a crime, pursuant to § 968.20(lm)(b), constitutes a forfeiture subject to the Excessive Fines Clause of the…