Legal Opinion

State v. Herrmann

Court of Appeals of Wisconsin

Decided November 24, 2015No. 2015AP53-CRPublishedCited by 7 opinions

1Opinion of the Court

STARK, RJ.

¶ 1. Cory Herrmann appeals that portion of a judgment convicting him of possession of a switchblade knife, contrary to Wis. Stat. § 941.24(1).1 Herrmann argues § 941.24(1) is unconstitutional, both facially and as applied to him, because it violates his right to bear arms, as guaranteed by the Second Amendment to the United States Constitution and article I, section 25 of the Wisconsin Constitution. We agree with Herrmann that § 941.24(1) is unconstitutional as applied to him. We therefore reverse that portion of the judgment convicting Herrmann of possession of a switchblade knife.

B…

2Cases cited13 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  3. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  4. Rhonda Ezell v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2011
  5. United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010

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3Cited by7 opinions

  1. State v. Mitchell L. ChristenWisconsin Supreme Court · 2021
  2. Christus Lutheran Church of Appleton v. Wisconsin Department of TransportationWisconsin Supreme Court · 2021
  3. State v. Leevan RoundtreeWisconsin Supreme Court · 2021
  4. State v. Leevan RoundtreeWisconsin Supreme Court · 2021
  5. D. R. v. B. D. (In re M. L. D.)Court of Appeals of Wisconsin · 2019

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