(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. — When the name of Ted Kmiec — the dope-smoking attorney — was called at the Kenosha County Tavern League’s annual ice fishing raffle on Saturday, February 28, not everyone in the room applauded.
Some did. Others called out: “Pull another number.”
And at least a few people in attendance voiced a more pointed concern — one with serious federal legal implications: does Ted Kmiec use marijuana?
It’s a question that matters because the raffle wasn’t for a gift card or a cash prize. The Tavern League was giving away firearms — approximately 20 of them. Winners selected their gun of choice after their number was drawn.
But here’s the catch that some in that room apparently already knew: winning a firearm at a raffle isn’t the end of the process. Under federal law, winners must complete their transfer through a licensed Federal Firearms Dealer, which requires filling out ATF Form 4473. And question 21(e) on that form asks, in plain language:
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
The form carries an explicit warning that leaves no room for interpretation:
“The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
Answering that question falsely is a federal felony. Answering it truthfully, if the answer is yes, disqualifies the applicant from receiving the firearm.
What the Court Records Show
Ted Kmiec is the father of Trenton B. Kmiec, 24, who was arrested in December 2024 and charged in January 2025 with 62 felony and misdemeanor counts in Kenosha County Case No. 2025CF000048. Those charges include sexual exploitation of a child, possession of child pornography, strangulation, physical abuse of a child, cocaine distribution to a minor, and numerous counts of felony bail jumping.
When Kenosha County Sheriff’s Department detectives executed a search warrant at the Kmiec residence at 8132 238th Avenue in Salem Lakes on December 19, 2024, marijuana was among the items seized. According to the probable cause section of the criminal complaint filed January 13, 2025, Ted Kmiec himself told detectives that the west office where one quantity of marijuana was found was his office, and that no one else had access to it. A separate quantity of marijuana was recovered from what the complaint identifies as Ted Kmiec’s bedroom.
Ted Kmiec is a licensed Wisconsin attorney.
He is also a former elected official — having served as a trustee for the Village of Salem Lakes before voters did not return him to office.
The Hunter Biden Precedent
The legal stakes here are not theoretical. In June 2024, Hunter Biden was convicted on three federal felony counts related to his purchase of a revolver in 2018. The charges centered on his false statement on ATF Form 4473 — specifically, that he was not a drug user at the time of purchase. Biden was sentenced to three years of probation.
The Biden prosecution was the most high-profile application of a law that applies equally regardless of who you are — former politician, practicing attorney, or otherwise.
The Questions That Follow Saturday’s Raffle
Whether Ted Kmiec proceeds with the firearm transfer or declines to complete it remains to be seen. The Kenosha County Tavern League did not respond to a request for comment on how it intends to proceed, but we will update this story if and when they respond.
What is clear is that the crowd’s reaction at Saturday’s event reflected a concern that at least some Kenosha County residents have already been asking — quietly, and now not so quietly.
19 Responses
I’ll be the devil’s advocate here and ask how much time Hunter Biden did for answering incorrectly?
I really doubt Kmiec is EVER going to be gifted a Presidential pardon.
It’s his to sell, he did win it fair.
The booze the tavern league sells and the guns they raffle off are not complimentary.
Kevin, don’t make yourself look like a jerk by writing about federal laws which you have no idea about.
lol okay snowflake
The Kmiecs are the Biden family of Salem lakes,only worse.
SHALL NOT BE INFRINGED. Who cares. Any law that goes against the constitution, is null and void.
What parts are incorrect? Name them in detail.
I dare you
How about you name how it isn’t…
He had a women overdose and die in his house. Did we forget???
Yes. Fentanyl
Per ATF, the disqualifying evidence would be if he was charged/convicted of misdemeanor possession of weed, or given a citation (ticket) for it. Otherwise can’t prove he was and he could get away with it.
Scan your ID at a dispensary then answer no to 11-e question see how well that goes.
I’m surprised that this guy even shows his face in public .
I get you don’t like Kmiec, but the war on weed is about money. Tavern league worried about losing revenue and republicans counting on pharmaceutical kickbacks that would be lower if legalized. If you can drink and own a gun why not smoke and own one? Same rules should apply, no gun while using either product. The people voted what they want but we don’t live in a democracy, just a pretend one.
The man is a corrupt piece of shit. How he still practices law, is beyond me. Who actually hires him, is also confusing. Never would I recommend his services.
How “Coincidental” it is that Ted is supposed to be defending me in a case that I have with a bar owner and member of the Tavern League. The guy from the Tavern League actually paid off my balance to Ted. Ted swears up and down his allegiance is with me his client regardless of who paid him. However, since then Ted has pushed my case back in court requesting continuance after continuance for over two years and the judge finally said no more. So, now Ted is pretending like he doesn’t recommend taking this to trial anymore. He is trying to make me accept a plea bargain without ever even mentioning the circumstances or details of my case. Justice needs to be served properly.
Also, last month Ted claimed that he sent an email to Xavier about my case, but he didn’t respond. I asked Ted for a copy of it and he never responded to me.