(Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA COUNTY, Wis. – A Kenosha County judge has denied Ryan D. Benson’s attempt to have his felony firearm conviction vacated, rejecting arguments that Wisconsin’s ban on gun possession by felons is unconstitutional.
(Kenosha County Sheriff’s Office)
Benson, 33, had asked the court to set aside his conviction under Wisconsin Statute § 941.29. His attorney, Assistant State Public Defender Olivia Garman, argued that the statute violates the Second Amendment because it lacks a true historical analogue, as required by the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen.
The defense maintained that while Benson had a prior Illinois felony, the Second Amendment’s text protects his right to possess a firearm and the state could not prove that permanently disarming felons is consistent with the nation’s historical tradition of firearm regulation.
Prosecutors countered that courts have repeatedly upheld the law and emphasized that the U.S. Supreme Court has consistently described felon disarmament as “presumptively lawful” in cases such as District of Columbia v. Heller, McDonald v. Chicago, and United States v. Rahimi.
(File Photo by Kevin Mathewson, Kenosha County Eye)
After weighing the arguments, the court sided with the state and ruled that the statute remains valid. The motion to vacate was denied.
Case Background
The firearm conviction originated in November 2020, when Twin Lakes police responded to a domestic disturbance. Officers learned Benson had a rifle in the apartment despite his prior felony record, and they recovered a Winchester .22 bolt-action rifle.
A second case in early 2021 brought more charges, including bail jumping, disorderly conduct, resisting arrest, and battery to a law enforcement officer. Benson later reached a plea deal in 2023 that resolved both cases. He was sentenced to a combination of probation and prison time, with his firearm sentence stayed but consecutive to other counts.
Maximum Penalties
Possession of a firearm by a felon is a Class G felony in Wisconsin, carrying a maximum of 10 years in prison and a $25,000 fine.
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2 Responses
article 6 section 2 Constitution for the United States of America. Ruling unconstitutional, but they know it. Is Reince still lurking around. Sorry to see it.
“We need more gun laws…say the liberals. Yet, the one law, Felon in Possession of a Fireman, is the first charge that is always dropped. Why? Because it carries a mandatory jail? Yup.
Start enforcing that one simple charge and penalty and crime starts to drop. Hmmm, maybe that’s why liberals never enforce that charge.