Rickey I. Kanter v. William P. Barr

919 F.3d 437
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 15, 2019
Docket18-1478
StatusPublished
Cited by205 cases

This text of 919 F.3d 437 (Rickey I. Kanter v. William P. Barr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rickey I. Kanter v. William P. Barr, 919 F.3d 437 (7th Cir. 2019).

Opinions

Flaum, Circuit Judge.

Rickey I. Kanter pleaded guilty to one count of mail fraud under 18 U.S.C. § 1341. Due to his felony conviction, he is prohibited from possessing a firearm under both federal and Wisconsin law. At issue in this case is whether the felon dispossession statutes- 18 U.S.C. § 922(g)(1) and Wis. Stat. § 941.29(1m) -violate the Second Amendment as applied to Kanter. Even if Kanter could bring an *439as-applied challenge, the government has met its burden of establishing that the felon dispossession statutes are substantially related to an important government interest. We therefore affirm the district court.

I. Background

A. Federal and Wisconsin Felon Dispossession Statutes

Section 922(g)(1) prohibits firearm possession by persons convicted of "a crime punishable by imprisonment for a term exceeding one year." 18 U.S.C. § 922(g)(1). State misdemeanors are included under the statute if they are punishable by more than two years in prison.1 Id. § 921(a)(20)(B). However, the statute excludes anyone convicted of "any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices." Id. § 921(a)(20)(A). Moreover, "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored" is not a conviction for purposes of the statute. Id. § 921(a)(20).

Although the firearms prohibition generally applies for life, the statute includes a "safety valve" that permits individuals to apply to the Attorney General for restoration of their firearms rights. Logan v. United States, 552 U.S. 23, 28 n.1, 128 S.Ct. 475, 169 L.Ed.2d 432 (2007). Specifically, the Attorney General2 may remove the prohibition on a case-by-case basis if an applicant sufficiently establishes "that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest." 18 U.S.C. § 925(c).

Since 1992, however, "Congress has repeatedly barred the Attorney General from using appropriated funds 'to investigate or act upon [relief] applications,' " rendering the provision "inoperative." Logan, 552 U.S. at 28 n.1, 128 S.Ct. 475 (quoting United States v. Bean, 537 U.S. 71, 74-75, 123 S.Ct. 584, 154 L.Ed.2d 483 (2002) ). The Committee on Appropriations eliminated funding because the restoration procedure under § 925(c) was "a very difficult task" that required ATF officials to "spend many hours investigating a particular applicant for relief." H.R. Rep. No. 102-618, at 14 (1992). Even then, there was "no way to know with any certainty whether the applicant [was] still a danger to public safety." Id. Accordingly, ATF officials were effectively "required to guess whether a convicted felon ... [could] be entrusted with a firearm." Id. Moreover, they were "forced to make these decisions knowing that a mistake could have devastating consequences for innocent citizens." Id. Ultimately, the Committee determined that "the $3.75 million and the 40 man-years annually spent investigating and acting upon these applications for relief would be better utilized by ATF in fighting violent crime." Id. The Committee addressed the funding issue again in 1995, adding that "too many of these felons whose gun ownership rights were restored went on to commit violent crimes with firearms." H.R. Rep. No. 104-183, at 15 (1995).

*440In 1981, Wisconsin adopted its own felon dispossession law. See Wis. Stat. § 941.29(1m). Section 941.29(1m) prohibits an individual from possessing a firearm if he has "been convicted of a felony in" Wisconsin or "a crime elsewhere that would be a felony" in Wisconsin. Id. § 941.29(1m)(a)-(b).

B. Factual Background

Kanter lives in Mequon, Wisconsin. He was previously the owner, operator, and CEO of Rikco International, LLC.

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Cite This Page — Counsel Stack

Bluebook (online)
919 F.3d 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rickey-i-kanter-v-william-p-barr-ca7-2019.