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Appeals court: Disorderly conduct charge means no conceal-carry permit

By: Eric Heisig//February 27, 2014//

Appeals court: Disorderly conduct charge means no conceal-carry permit

By: Eric Heisig//February 27, 2014//

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A Wisconsin resident is not entitled to a conceal-carry permit because his conviction for disorderly conduct is considered a crime of domestic violence, the Court of Appeals ruled Thursday.

Robert Evans, 69, was convicted in 2002 after an altercation with his adult stepdaughter. He applied for a gun permit April 4, 2012. The state Department of Justice denied his application, and Dane County Judge C. William Foust later upheld its decision when Evans contested it.

Evans had tried to argue that a disorderly conduct conviction should not be classified as a “misdemeanor crime of domestic violence,” which precludes him from getting the permit.

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But the Court of Appeals, in a decision authored by Judge Paul Lundsten, stated that Evans’ conviction is based on a factor of “violent, abusive and otherwise disorderly conduct,” which “makes this a relatively easy case.”

The court also stated that the crime is also properly classified as “domestic.”

Evans’ attorney, Mark Maciolek of Murphy Desmond SC in Madison, did not immediately return a phone call.

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