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Thread: One appellant, of 5800 denied CCL, is denied by Wisconsin Court of Appeals

  1. #1
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    One appellant, of 5800 denied CCL, is denied by Wisconsin Court of Appeals

    "But the Court of Appeals has affirmed a Dane County Circuit Court ruling that the state Department of Justice properly rejected Evans' application because his 2002 misdemeanor conviction for disorderly conduct misdemeanor met the federal law's definition of domestic violence. It prohibits gun ownership when someone is convicted of any crime, an element of which is the use of physical force, against someone in a one a listed kind of relationships to the victim.

    Evans, 68, of Cottage Grove, had argued that his misdemeanor did not meet the federal definition because in Wisconsin "disorderly conduct" does not require that a person use force against another as an element of the offense. Evans had pleaded no contest to pushing his adult stepdaughter, He denied her claims he struck her. He has no other criminal record.

    But the court said Wisconsin's statute doesn't require conduct be all the the things listed, (profane, abusive, boisterous, violent, etc.) but any of them, or any combination of them. Writing for a three-judge panel of the District IV court, Judge Paul Lundsten concluded that Evans was convicted for “violent, abusive, and otherwise disorderly conduct” and that “violent conduct necessarily implies the use of physical force.” The court did not consider Evans' actual conduct. “We have considered only the fact of his conviction, the statutory definition of disorderly conduct, and the ‘permitted class of documents,’” Lundsten wrote."

    http://www.jsonline.com/blogs/news/247662721.html

    STATE OF WISCONSIN COURT OF APPEALS DISTRICT IV

    Case No. 2013 AP 816

    ROBERT W. EVANS, JR.,
    Petitioner-Appellant,
    v.
    WISCONSIN DEPARTMENT OF JUSTICE,
    Respondent-Respondent.

    http://media.jrn.com/documents/Evans+-CCW-+brf.pdf

    If a felon may properly be disbarred his rights under color of law, then we all can be legally disarmed merely by sufficiently lowering the bar of 'felony' as has been done here.
    Last edited by Nightmare; 02-28-2014 at 10:58 AM.
    I am responsible for my writing, not your understanding of it.

  2. #2
    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by Nightmare View Post
    "But the Court of Appeals has affirmed a Dane County Circuit Court ruling that the state Department of Justice properly rejected Evans' application because his 2002 misdemeanor conviction for disorderly conduct misdemeanor met the federal law's definition of domestic violence. It prohibits gun ownership when someone is convicted of any crime, an element of which is the use of physical force, against someone in a one a listed kind of relationships to the victim.

    Evans, 68, of Cottage Grove, had argued that his misdemeanor did not meet the federal definition because in Wisconsin "disorderly conduct" does not require that a person use force against another as an element of the offense. Evans had pleaded no contest to pushing his adult stepdaughter, He denied her claims he struck her. He has no other criminal record.

    But the court said Wisconsin's statute doesn't require conduct be all the the things listed, (profane, abusive, boisterous, violent, etc.) but any of them, or any combination of them. Writing for a three-judge panel of the District IV court, Judge Paul Lundsten concluded that Evans was convicted for “violent, abusive, and otherwise disorderly conduct” and that “violent conduct necessarily implies the use of physical force.” The court did not consider Evans' actual conduct. “We have considered only the fact of his conviction, the statutory definition of disorderly conduct, and the ‘permitted class of documents,’” Lundsten wrote."

    http://www.jsonline.com/blogs/news/247662721.html

    STATE OF WISCONSIN COURT OF APPEALS DISTRICT IV

    Case No. 2013 AP 816

    ROBERT W. EVANS, JR.,
    Petitioner-Appellant,
    v.
    WISCONSIN DEPARTMENT OF JUSTICE,
    Respondent-Respondent.

    http://media.jrn.com/documents/Evans+-CCW-+brf.pdf

    If a felon may properly be disbarred his rights under color of law, then we all can be legally disarmed merely by sufficiently lowering the bar of 'felony' as has been done here.
    Not just lowering the bar, but expanding the definitions and broadening the scope of offenses that qualify.

    When I first learned that 'shall not be infringed' had been violated by allowing the government to say that felons could not keep and bear arms I knew it was simply a matter of time till they kept adding to the list in order to eventually disbar anyone they choose from bearing arms.

    Slippery slope has been reached and they leapt down it with abandon.

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  3. #3
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    A common guesstimate of Wisconsin CCL issued is 200,000. 6,000 denied is a 3% rate.
    I am responsible for my writing, not your understanding of it.

  4. #4
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    I guess you should not swear in Wisconsin ... maybe it upsets the large Dalmatians ...

    A ruling by a retarded judge who cannot even rule on a right anyway.

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