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Court of Appeals: Wisconsin man can legally possess switchblade in home

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MADISON — An appeals court says an Appleton man can legally possess a switchblade in his home.

Cory Herrmann cut himself with his switchblade in his home in 2012. He called 911 and was eventually charged with possessing a switchblade.

He argued that Wisconsin’s ban on possessing switchblades violates his constitutional right to bear arms. He contended he possessed the knife in his own home for protection.

The 3rd District Court of Appeals ruled Tuesday that the possession prohibition is unconstitutional as applied specifically to Herrmann’s case. The court says the prohibition as applied to him isn’t substantially related to the state’s goal of protecting the public from surprise attacks and burdens his right to bear arms.

The state Justice Department defended the law. An agency spokeswoman didn’t respond to a message.