A disorderly conduct conviction can’t disqualify someone from obtaining a permit to carry a concealed weapon in Wisconsin, the state Supreme Court ruled Friday in a unanimous decision that could dramatically broaden who can carry hidden firearms, knives and stun guns.
Doubek sued to regain his permit, arguing that Wisconsin’s disorderly conduct statute doesn’t match the federal definition of misdemeanor domestic violence. The federal definition requires “the use or attempted use of physical force.” But the state disorderly statute doesn’t mention the use of force, defining disorderly conduct instead as violent, abusive, indecent, profane or other undefined conduct that causes a disturbance, he argued.
“In short, the crime of disorderly conduct ... does not require the use or attempted use of physical force or the threatened use of a deadly weapon as an element, even if that conduct could serve as the basis for a disorderly conduct conviction,” Hagedorn wrote. “It is therefore not a misdemeanor crime of domestic violence under federal law.”
State Department of Justice spokeswoman Gillian Drummond didn’t immediately respond to a follow-up message asking if the agency had any estimates of how many disorderly conduct convicts would now be eligible for a permit. “It is beyond a doubt that Wisconsin victims of domestic violence will be violently — and in many cases, lethally — impacted by the Wisconsin Supreme Court’s decision surrounding the expansion of concealed carry permits,” she said.
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