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STATE v. RICHARD

No. SC 89832.

298 S.W.3d 529 (2009)

STATE of Missouri, Appellant, v. John L. RICHARD, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 22, 2009.

Attorney(s) appearing for the Case

Chris Koster, Attorney General, Karen L. Kramer, Shaun J. Mackelprang, Office of Missouri General, Jefferson City, MO, for appellant.

Craig A. Johnston, Office of State Public Defender, Columbia, MO, for respondent.

RICHARD B. TEITELMAN, Judge.

The state of Missouri appeals from a judgment dismissing an information charging John L. Richard with one felony count of possession of a loaded firearm while intoxicated. Section 571.030.1(5), RSMo Supp.2008. The circuit court dismissed the charge on the grounds that section 571.030.1(5) violates the Second Amendment to the United States Constitution and article I, section 23 of the Missouri Constitution. The statute is not facially unconstitutional...

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