Explore The NRA Universe Of Websites

Wisconsin Court Prioritizes Avoiding Deportation Over the Second Amendment in Hierarchy of Rights

Friday, February 9, 2018

Wisconsin Court Prioritizes Avoiding Deportation Over the Second Amendment in Hierarchy of Rights

An appellate court judge in Wisconsin has ruled that lifetime loss of Second Amendment rights is not on par with the threat of deportation when it comes to a lawyer’s duty to advise clients of the secondary effects of a guilty plea. The case is State of Wisconsin v. Amanda L. Longley.  

After a confrontation with her child’s father and the man’s girlfriend, 29-year-old Amanda Longley of Wisconsin pleaded guilty to two misdemeanor counts, one involving disorderly conduct and the other battery. She was sentenced to one year of probation. 

Later, however, Longley discovered that her plea carried a much more enduring and serious consequence and one which her lawyer had neglected to warn her: a permanent loss of Second Amendment rights.  This is because her conviction triggered a federal law that bans firearm possession by those convicted of a so-called “misdemeanor crime of domestic violence.” 

After learning of her prohibited status, Longley asked the court for permission to withdraw her guilty plea, noting she would have not have pled guilty had she known she would thereafter be disqualified from firearm possession. She acknowledged that the Wisconsin Supreme Court had denied a similar request in a 1999 case but argued developments since then allowed the appellate court to reconsider that decision. 

Specifically, Longely cited a 2010 U.S. Supreme Court case, Padilla v. Kentucky. There, the court allowed a Honduran citizen to challenge his conviction for “the transportation of a large amount of marijuana in his tractor-trailer” because his lawyer failed to warn him that pleading guilty to drug distribution could result in deportation. This, according to the Supreme Court, deprived Padilla of his Sixth Amendment right to effective assistance of counsel. In the view of Judge Paul Lundsten, who wrote the opinion in the Longley case, an American citizen’s Second Amendment rights cannot be compared to a foreign national’s interest in avoiding deportation when it comes to consequences a constitutionally effective lawyer must mention in relation to a plea. 

In doing so, the Supreme Court departed from case law in the lower courts that held lawyers do not have to advise clients of “collateral consequences” of convictions that are not considered punishment for the conviction itself (i.e., part of the sentence imposed by the court of conviction). “[C]hanges in our immigration law have made removal nearly an automatic result for a broad class of noncitizen offenders,” the court wrote. “Thus, we find it ‘most difficult’ to divorce the penalty from the conviction in the deportation context.”

If anything, the effect of the federal law that applies to Longley’s case is even more iron-clad. If a state misdemeanor conviction meets certain requirements specified in federal law, the person is automatically banned for life from firearm possession. It doesn’t matter what sentence is actually imposed by the court of conviction or that court’s view of the severity of the offense. The person has no right to directly appeal the federal firearms ban, moreover, and few – if any – ways of regaining his or her lost rights. 

Although the Wisconsin court’s opinion does not specifically mention it, another important development bearing on the case is the U.S. Supreme Court’s 21st Century decisions on the Second Amendment, which affirm that it is a fundamental, individual right. Normally, this would mean that it could not be easily dismissed by the lower courts. 

Of course, there’s nothing normal about the disdain with which many courts treat the right to keep and bear arms, especially as compared to other constitutional rights – many of which are found nowhere in the text of the Constitution itself – that some judges hold particularly dear.  

In the view of Judge Paul Lundsten, who wrote the opinion in the Longley case, an American citizen’s Second Amendment rights cannot be compared to a foreign national’s interest in avoiding deportation when it comes to consequences a constitutionally effective lawyer must mention in relation to a plea. Citing the “unique” nature of deportation, Judge Lundsten dismissed the idea that the same rationale applied to loss of Second Amendment rights. Courts are not “now generally free, let alone required, to apply [the Padilla case’s] factors to expand counsel’s duties as to all manner of collateral consequences,” he wrote.

Other than the right to keep and bear arms, we don’t know of any other fundamental civil liberty that can be permanently forfeited for a mere misdemeanor conviction. The predicament that Longley faces is “unique” in its own right; recognizing a lawyer’s duty to warn of it would not open the floodgates to imposing unrealistic expectations on defense attorneys’ professional responsibilities. 

That the courts don’t see it that way, however, says more about their own priorities than the importance of the interests at stake.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate.

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Thursday, April 10, 2025

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Ignoring months of advocacy and correspondence from tens of thousands of Coloradans, Governor Jared Polis has signed Senate Bill 25-003 into law.

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

News  

Monday, April 14, 2025

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

The United Kingdom (UK) has a long history of exerting control over its subjects, especially when it comes to depriving them of arms.  It also has a weird history, albeit a shorter one, of an apparent ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

North Dakota: Firearm Carry Enhancement Bill Heads to Governor's Desk

Tuesday, April 15, 2025

North Dakota: Firearm Carry Enhancement Bill Heads to Governor's Desk

On Tuesday, April 15th, the House concurred with Senate amendments on House Bill 1588 with a vote of 87-4. 

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Texas: Self-Defense Protections on Publicly Owned Property Passes Senate Committee!

Tuesday, April 15, 2025

Texas: Self-Defense Protections on Publicly Owned Property Passes Senate Committee!

Yesterday, the Texas Senate State Affairs Committee passed Senate Bill 1065, prohibiting lessees of publicly owned property from restricting your right to self-defense. Use the take action button below to contact your Senator and urge ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.