Firearms — concealed carry permits

Listen to this article

Wisconsin Court of Appeals

Civil

Firearms — concealed carry permits

Where an applicant for a concealed carry permit has a prior conviction for disorderly conduct-domestic violence, the DOJ properly denied the permit.

“Evans argues that the modified categorical approach focuses on the elements of the crime and prohibits consideration of ‘actual conduct’ underlying the crime.  Assuming, without deciding, that Evans is correct on this point, it does not change our analysis.  We have not considered Evans’ actual conduct in reaching our conclusion that his conviction satisfies the use-of-physical-force requirement. We have considered only the fact of his conviction, the statutory definition of disorderly conduct, and the permitted ‘class of documents.’  And, we have used those documents—namely, the criminal complaint and the plea colloquy transcript—only to determine which alternative type of disorderly conduct formed the basis for Evans’ conviction.  We have not relied on any source to determine the basis of his conviction with reference to Evans’ actual conduct.”

Affirmed.

Recommended for publication in the official reports.

2013AP816 Evans v. DOJ

Dist. IV, Dane County, Foust, J., Lundsten, J.

Attorneys: For Appellant: Maciolek, Mark, Madison; For Respondent: Olsen, Bruce A., Madison