State DOJ shifts concealed-carry case to federal court

MADISON, Wis. (AP) – The state Department of Justice has moved a lawsuit over concealed carry class sizes to federal court.

DOJ regulations require a concealed carry applicant to prove they’ve taken a hunter’s safety course, been discharged from the military, received small-arms military training or gone through an instructor-led training course. The rules mandate a 50-to-one student-teacher ratio in instructor-led classes but don’t impose any ratios on the other courses.

Gun rights group Wisconsin Carry Inc. sued DOJ in Waukesha County this month arguing the instructor-led ratio violates the U.S. Constitution’s equal protection language since other forms of training don’t have to abide by such ratios.

Defendants can move civil suits dealing with federal law into federal court. DOJ filed notice Thursday with the Eastern District of Wisconsin it was exercising that right.