Posted on 02/13/2025 4:53:45 AM PST by marktwain
The Kenosha County Eye has noted a lawsuit filed by Milwaukee man Kenneth Karwacki in the United States District Court for the Eastern District of Wisconsin, Milwaukee Division. The lawsuit is against Josh Kaul, the Attorney General of Wisconsin for denial of civil rights, 28 U.S.C.§§ 1331 and 1343. The office of the AG refused to issue a permit to carry a concealed weapon because of a misdemeanor conviction of Karwacki for the delivery of peyote while in the U.S. military.
Records published online show a United States Air Force Criminal Court of Appeals convicted Airman First Class Kenneth J. Karwacki on 11 December, 2015 by a Special Court Martial in Dyess Air Force Base, Texas. It is not completely certain this is the same Kenneth Karwacki.
The judge assigned in the case is Brett H Ludwick. Wisconsin is in the Court of Appeals for the Seventh Circuit. He was nominated by President Trump and confirmed by a vote of 91-5 in the Senate, in September of 2020.
The AG office claims that the plaintiff, Kenneth Karwacki, is not considered a member of the “people” under the Second Amendment. To this correspondent, this is a very weak argument.
(Excerpt) Read more at ammoland.com ...
The First Amendment and the Second Amendment are fundamentally the same, from a legal standpoint. Do state governments take away anyone’s right to free speech or religious worship for any reason? Would any court shut that down instantly? They sure would. But firearms? I guess you can infringe that right in about a million ways. No big deal.
Kaul will have egg on his face.
Deserved.
Regardless, if he "did the time", he shouldn't have to keep paying for the crime. IMO. Give the guy his CCL.
You want real criminals? Threats to society? Walk the halls of Congress. We've got real threats about which to worry and it's not some guy who ate a mushroom.
I agree, the peyote possession is not a dangerous criminal offense. I bet the jackasses that believe it is are high on cocaine or Mary Jane all the time. This has nothing to do with this guy’s peyote and everything to do with obstructing his 2A rights.
If the “crime” could result in jail for more than 365 days, you are screwd by the Union government....whether or not you go to jail.
“”Delivery of peyote” is not a violent crime.”
If it’s overpriced, shiiitey, moldy Buttons in a plastic bag, it dang sure oughta be!
It’s blatantly obvious that Wisconsin’s AG thinks that his denial of this firearm permit violates Rahimi. Otherwise he would not have falsely deemed drug trafficking to be a violent crime.
That said, cops always know your record when approaching your vehicle, including a CC permit. If this guy was delivering peyote I’m actually not that excited about him with a carry permit. I want clean as a whistle people only obtaining a permit. Josh Kaul is an asshole, but I’m not too upset over this thing….flame away.
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