State v. Pocian

¶ 1. REILLY, J.1

In District of Columbia v. Heller, 554 U.S. 570, 595 (2008), the United States Supreme Court held that the Second Amendment protects an individual right to keep and bear arms. Two years later, in McDonald v. City of Chicago, 130 S. Ct. 3020, 3026 (2010) (plurality opinion), this right was incorporated and extended to the States.

¶ 2. In 1986, Thomas M. Pocian was convicted of writing forged checks, a felony. Twenty-four years later, Pocian was prosecuted under Wis. Stat. § 941.29, which prohibits a felon from possessing a firearm. Relying on Heller and McDonald, Pocian argues:…