MADISON, WI (WTAQ) - A Hartford man who became a convicted felon by writing bad checks when he was 18 has asked the State Supreme Court to throw out his conviction of possessing a deer rifle when he went hunting 22 years later.
Thomas Pocian says the law that bans firearm possession by convicted felons is unconstitutional. He says it should distinguish between violent and non-violent felons.
Pocian, who’s now 44, was convicted of 3 felonies in 1986 for writing $1,500 in forged checks. He paid restitution, and was put on three years probation.
In 2008, Pocian shot two deer with his dad’s rifle. And when he registered them, the DNR learned about his felony conviction.
He was later convicted of possessing a firearm as a felon, and an appeals court refused throw out the charge.
Pocian filed a request Monday to have the Supreme Court take up the case. He said guns should only be banned for offenders most likely to commit gun-related crimes in the future. And he said those convicted of violent misdemeanors keep their gun rights, while non-violent felons don’t.
The state has not filed a response yet.