Wisconsin Man Files Appeal After Being Denied Concealed Firearms Permit : Legal Articles from Gamino Law Offices, LLC

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Wisconsin Man Files Appeal After Being Denied Concealed Firearms Permit

by Gamino Law Offices on 09/03/13

Nearly 200,000 concealed firearms permits have been issued in Wisconsin since Act 35 went into effect in 2011. However, roughly 5,800 requests have been turned down. Wisconsin residents can be denied a concealed weapons permit for several reasons, including criminal history, but one resident who was denied his permit has recently filed an appeal.

In 1996, Congress banned individuals convicted of domestic violence from possessing firearms, but this law has not carried on without its fair share of challenges. Most recently, Wisconsin resident Robert W. Evans Jr. has contested the law, after Wisconsin's Department of Justice denied him a concealed weapons permit in 2012 due to the fact that Evans was convicted of domestic violence/disorderly conduct in 2002.

Evans, 68, appealed the denial, taking his case to circuit court, arguing that not only was his offense is not considered a misdemeanor crime of violence under federal law, but that he did not have a  domestic relationship with the victim, his 36-year-old stepdaughter. 

However, the court upheld the original decision and denied Evans the permit, but not one to give up, Evans has now taken the case to the Court of Appeals.

Aside from this incident, Evans has no other criminal record. He denies physically assaulting his stepdaughter, contending that she was an adult when he married her mother and that he only pushed her out of the door without injuring her. He also contends she only lived with him and her mother temporarily.

As a result, Evans argues that his conviction does not meet the federal definition of a crime of domestic violence because Wisconsin law regarding disorderly conduct does not require that a person use force.

According to Milwaukee lawyer, Carlos A. Gamino, federal law only prohibits gun possession by individuals convicted of a misdemeanor that:

“Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”

The state, however, disagrees and argues that that Wisconsin's disorderly conduct offense does include an element of physical force and also contends Evans did have a domestic relationship with his stepdaughter.  

Sounds like Evans is in need of an experienced Wisconsin criminal defense attorney to help him with his case. Should Evans be allowed to obtain a concealed firearms permit? Let us know what you think.

 

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