People v. Boss

Defendant was found guilty of unlawful use of a weapon by a felon and was sentenced to an eight-year extended term of imprisonment because the gun had a laser sight attached to it. On appeal, defendant argued that the UUWF statute violates the second amendment and that the trial court committed plain error during jury selection when it misstated one of the four principles required under SCR 431(b). The appellate court affirmed, finding that defendant’s status as a felon took him “outside the box of law-abiding citizens contemplated under the second amendment,” and that defendant did not satisfy his burden under the plain error test regarding his alleged violation of SCR 431(b). (MITCHELL, concurring and MIKVA, specially concurring)