Kanter v. Sessions

By Megan L. Brown, Stephen J. Obermeier, Bethany A. Corbin, Krystal B. Swendsboe, Ilya Shapiro Megan L. Brown, Stephen J. Obermeier, Bethany A. Corbin, Krystal B. Swendsboe, Ilya Shapiro

Over a decade ago, Rickey Kanter’s company, Dr. Comfort, shipped diabetic shoe inserts to a podiatrist in Florida. Dr. Comfort sold the inserts as being Medicare-approved, but they were not. Because of these events, Kanter, to this day, cannot legally own a gun.

U.S. and Wisconsin law prohibit anyone convicted of a crime “punishable by imprisonment for a term exceeding one year” from possessing any firearm or ammunition. In 2011, Kanter pled guilty to a single count of mail fraud for Dr. Comfort’s 2006 delivery of non-compliant shoe inserts to a podiatrist. Kanter has no other criminal convictions, is not under indictment, or a fugitive from justice, or an unlawful user of any controlled substance. He has not been judged mentally defective, been dishonorably discharged from the armed forces, renounced his citizenship, or been the subject of a restraining order relating to an intimate partner. In fact, Kanter has no history of any violent behavior at all.

So he brought suit in federal court, arguing that the categorical prohibition of firearms possession by felons was unconstitutional as applied to him: a non-violent, one-time offender. The district court sided with …Read the Rest

Source:: Cato Institute