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Thread: Beldenville man appeals to court so he can carry a concealed weapon

  1. #1
    Regular Member
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    Aug 2011
    Ellsworth Wisconsin

    Beldenville man appeals to court so he can carry a concealed weapon

    This town is un incorporated located 7 miles north of Ellsworth on highway 65. The issue at heart is his appeal on his conviction which he says does not expressedly prohibits him from CC. On the DOJ application question 5 is clear. The charges were dismissed. In legal terms does it mean his records were cleared? Or that charges were dismissed but the record stands in his 'file.'

  2. #2
    Regular Member MKEgal's Avatar
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    Jan 2010
    in front of my computer, WI
    Quote Originally Posted by article
    a letter from the Wisconsin Department of Justice which says he is no longer eligible for a concealed-carry permit and the department is required to revoke the license. The letter says the DOJ has received information Kerr had been convicted of a misdemeanor crime of domestic violence.
    Online court records indicate that, in May 2008, Kerr entered into a deferred prosecution on two charges of disorderly conduct, the sentencing agreement on the charges was later fulfilled, and, in May 2009, the charges were dismissed.
    Since he hasn't done anything to become un-eligible since being issued the license (at least, nothing shows up in CCAP), nothing has changed, so DOJ is lying/misinformed.

    [he claims] he has not been convicted of domestic violence.
    It doesn't look like he's been convicted of anything, at least in WI.
    Here's the case: State of Wisconsin vs. David W Kerr; Pierce County Case Number 2008CM000048
    And it says right on the first page:
    "The dismissed charges were not proven and have no legal effect. David W Kerr is presumed innocent of the dismissed charges."
    It says there were 2 charges of DC, "dismissed on prosecutor's motion".
    Not a single mention of anything relating to domestic violence, let alone a conviction.

    Here's his case against the DOJ:
    David Kerr vs. Wisconsin Department of Justice; Pierce County Case Number 2012CV000327
    Good for him!

    He also says state law “does not expressly provide for denial based on a conviction of a misdemeanor crime of domestic violence.”
    He's wrong. (Or the reporter misquoted, which is entirely possible.)
    175.60 (3) Restrictions on issuing a license.
    The department shall issue a license under this section to an individual who submits an application under sub. (7) unless any of the following applies:
    (b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.
    See 18USC 921 (a) (33) which defines “misdemeanor crime of domestic violence”.

    and 18USC 922 (g) (9)
    (g) It shall be unlawful for any person
    (9) who has been convicted in any court of a misdemeanor crime of domestic violence
    to ... possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

    And according to section (h), anyone employed by someone described in paragraph g (the various reasons to be prohibited) may not "receive, possess, or transport" a firearm or ammo in the course of employment.
    Good reason to choose your boss well.
    Wonder how that works for bodyguards...?
    Last edited by MKEgal; 10-31-2012 at 07:22 PM.

  3. #3
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    Aug 2011
    Ellsworth Wisconsin
    I sure hope he can get his license back

  4. #4
    Regular Member Interceptor_Knight's Avatar
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    May 2007
    Green Bay, Wisconsin, USA
    If he still have a restraining order in effect, he may not possess a firearm and is not eligible for a WI CCL. Found guilty of violating a local ordinance which pertains to domestic violence would make you ineligible and would not necessarily show up on WCCAP.
    Last edited by Interceptor_Knight; 11-02-2012 at 04:54 PM.

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