Page 1 of 2 12 LastLast
Results 1 to 25 of 41

Thread: OC in WI

  1. #1
    Regular Member Face's Avatar
    Join Date
    Aug 2014
    Location
    Kenosha, WI
    Posts
    3

    Question OC in WI

    Hi guys..first time poster in Kenosha, WI.

    I did a search online but couldn't really find an answer to my question.

    In 1995, I received a disorderly conduct charge for disturbing the peace. I applied for CCW license when it became legal and was turned down. Letter said it was because of disorderly conduct charge.

    I never did appeal it, but should have.

    My question is, since I cannot carry CCW, can I OC? Or does the DC make you basically a felon in this state? No gun rights?

    Thanks for any responses.

  2. #2
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    Welcome to OCDO. Your question might attract better and more knowledgeable attention in the Wisconsin sub-forum. PM moderator Grapeshot.

    Your predicament makes no sense to this non-professional.

    Here is the link to the Wisconsin State statutes http://docs.legis.wisconsin.gov/statutes/prefaces/toc

    The concealed carry requirements are in Chapter 175 Miscellaneous Police Provisions
    http://docs.legis.wisconsin.gov/docu...utes/ch.%20175

    Subsection 175.60(9g) has the requirements for NOT issuing a CWL

    Are there details in the explanation letter? But I think that you should be OK OC based on what you have written. I see no reason not to re-start the clock on the appeal process by again applying.
    Last edited by Nightmare; 08-26-2014 at 08:35 PM.
    I am responsible for my writing, not your understanding of it.

  3. #3
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Quote Originally Posted by Face View Post
    Hi guys..first time poster in Kenosha, WI.

    I did a search online but couldn't really find an answer to my question.

    In 1995, I received a disorderly conduct charge for disturbing the peace. I applied for CCW license when it became legal and was turned down. Letter said it was because of disorderly conduct charge.

    I never did appeal it, but should have.

    My question is, since I cannot carry CCW, can I OC? Or does the DC make you basically a felon in this state? No gun rights?

    Thanks for any responses.
    I'm no legal expert either but I would find out how long the charge stays on the books. In other words is a conviction considered spent after a set amount of time. Personally I would have just OC'd and taken the risk but thats my personal choice and shouldnt be taken as advice
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  4. #4
    Regular Member Face's Avatar
    Join Date
    Aug 2014
    Location
    Kenosha, WI
    Posts
    3

    Thumbs up

    Thanks for the replies.

    The charge will stay on my record for as long as I live. As for carrying without knowing, I think I'll pass. Don't need any more trouble. And one thing you can be sure of here is that if you're OC'ing, the cops WILL be called on you to check you out.

    I'll go ahead and PM the moderator and get the thread moved to the Wisconsin sub-forums.

  5. #5
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    And what of reapplying for your CWL to restart the appeal process clock? I see no reason not to, and I see no way that a mere DC rose to the level of making you a prohibited person. Are you allowed to vote an possess firearms?
    I am responsible for my writing, not your understanding of it.

  6. #6
    Regular Member OC Freedom's Avatar
    Join Date
    Feb 2014
    Location
    ADA County, ID
    Posts
    601
    If you have only a charge on your record and were never convicted then this is my suggestion to you.

    Get an attorney, have them go to the current prosecutor of the county you received your charge in to see if they will expunge your record. Most likely they will not, but have your attorney ready to ask for a letter from the county prosecutor stating that you never received a conviction, and as to date there are no current charges pending against you. Most likely they will comply with this request do. This letter also needs to be stamped with the official colored seal of the county. Once you have this document then present a copy to the department you are trying to acquire your permit through and this should prevent your denial.

  7. #7
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Quote Originally Posted by Face View Post
    Thanks for the replies.

    The charge will stay on my record for as long as I live. As for carrying without knowing, I think I'll pass. Don't need any more trouble. And one thing you can be sure of here is that if you're OC'ing, the cops WILL be called on you to check you out.

    I'll go ahead and PM the moderator and get the thread moved to the Wisconsin sub-forums.
    aah that stinks. Yes, I did say the second option was not advice and just what I would do. I guess as the charge was so long ago and if you had kept your record clean that long it wouldnt make a lot of difference for me personally. Yes I am being redundant but I think it's important to emphasize anyway.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  8. #8
    Regular Member Face's Avatar
    Join Date
    Aug 2014
    Location
    Kenosha, WI
    Posts
    3
    Yeah, I know. Seems like it's not a big deal but in WI you can receive a DC for violent as well as non-violent acts. They don't discriminate against the two.

    The DC is a "no contest" conviction with a $186 fine in lieu of a $5000 retainer for a lawyer. I'm thinking I just might apply again, get the denial then not only appeal to the WI DOJ, but also to the City of Kenosha to see if I can become "unfelonized".

  9. #9
    Regular Member
    Join Date
    Jun 2006
    Location
    Milwaukee, Wisconsin, ,
    Posts
    836
    I’m thinking the OP has left something out.

    Quote Originally Posted by Face View Post
    In 1995, I received a disorderly conduct charge for disturbing the peace.
    Nit pick, but which is it? Technically those are 2 different charges. Disorderly conduct is a state law but can be adopted as a local ordinance. There is no state statute of “disturbing the peace” but some local jurisdictions have it, either as an adopted form of DC or as a separate charge.

    Quote Originally Posted by Face View Post
    In 1995, I received a disorderly conduct charge for disturbing the peace. I applied for CCW license when it became legal and was turned down. Letter said it was because of disorderly conduct charge.
    A municipal or county charge for disturbing the peace would be an ordinance violation as would a municipal or county charge of DC. Ordinance violations are not crimes in Wisconsin and a conviction for one should not prohibit a CCL being issued to you.

    But then again, neither should a state charge of DC. That is only a class B misdemeanor.
    Was there an injunction included with the conviction? IMPORTANT: Was the charge connected with domestic violence?

    So I reiterate, it appears the OP has omitted something. How about scanning or typing the letter on here word for word. And what about other convictions?

    If you haven’t been convicted of any felonies or domestic violence, or there weren’t any injunctions or other court orders on your record, not only are you free to open carry, you should have been issued the CCL. I am not a lawyer, this is not legal advice. And I still think there is a piece of information missing here.

  10. #10
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Sounds like a domestic.

  11. #11
    Regular Member
    Join Date
    Jun 2006
    Location
    Milwaukee, Wisconsin, ,
    Posts
    836
    Quote Originally Posted by wimwag View Post
    Sounds like a domestic.
    It seems that way given that the charges as described by the OP would not in themselves be a bar to receiving a CCL.

  12. #12
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by pkbites View Post
    It seems that way given that the charges as described by the OP would not in themselves be a bar to receiving a CCL.


    Definitely does. I have 2 DC convictions and my permit came back in under a week. It also seems the OP is dodging the question.
    Last edited by wimwag; 08-29-2014 at 03:21 PM.

  13. #13
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    Quote Originally Posted by rightwinglibertarian View Post
    I'm no legal expert either but I would find out how long the charge stays on the books. In other words is a conviction considered spent after a set amount of time. Personally I would have just OC'd and taken the risk but thats my personal choice and shouldnt be taken as advice
    You conflate separate issues, charges are not convictions, both are listed on his Access to the Public Records of the Wisconsin Circuit Courts web site and I know of no protocol for removal of a proper charge.
    I am responsible for my writing, not your understanding of it.

  14. #14
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Quote Originally Posted by Nightmare View Post
    You conflate separate issues, charges are not convictions, both are listed on his Access to the Public Records of the Wisconsin Circuit Courts web site and I know of no protocol for removal of a proper charge.
    Hmm. I said I was no legal expert :P In the UK where I was for years a conviction is considered spent after a certain period of time, depending on the offense. Question is whats done here in the US if a youngster commits a dumb crime? Would he then be saddled with that for the rest of his life and be debarred from carrying? Even if we were talking about a felony at say 18 and a clean record for 15-20 years plus it should certainly count for something at least
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  15. #15
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    That is an is/ought statement. It ought to count for something, there is provisions for protection of juveniles.

    If you're planning on taking a Wisconsin CWL then you ought to be at least passing familiar with § 175.60 and, in this discussion, with § 175.60(9g)2 with fifteen external subsections mentioned.
    I am responsible for my writing, not your understanding of it.

  16. #16
    Regular Member
    Join Date
    Jun 2006
    Location
    Milwaukee, Wisconsin, ,
    Posts
    836
    Quote Originally Posted by Nightmare View Post
    charges are not convictions, both are listed on his Access to the Public Records of the Wisconsin Circuit Courts web site and I know of no protocol for removal of a proper charge.
    Local ordinance violations usually are not listed on CCAP (unless a municipality has no court of it's own and tries OV's in the county circuit court). Most (not all) municipal court records aren't online.

  17. #17
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    Quote Originally Posted by pkbites View Post
    Local ordinance violations usually are not listed on CCAP (unless a municipality has no court of it's own and tries OV's in the county circuit court). Most (not all) municipal court records aren't online.
    LOL "Most" is a quibbling weasel word. Here is a counter-example:

    The defendant was found guilty of the following charge(s) in this case.
    City disorderly conduct. This is not a criminal offense and results only in a money penalty for this offense.
    I am responsible for my writing, not your understanding of it.

  18. #18
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Quote Originally Posted by Nightmare View Post
    That is an is/ought statement. It ought to count for something, there is provisions for protection of juveniles.

    If you're planning on taking a Wisconsin CWL then you ought to be at least passing familiar with § 175.60 and, in this discussion, with § 175.60(9g)2 with fifteen external subsections mentioned.
    I will at some point but not until I have to. Though I hate, loathe and despise paying money for something I have the right to do anyway. Someone wants to do something about car carry as thats the only reason I would ever get one.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  19. #19
    Regular Member
    Join Date
    Jun 2006
    Location
    Milwaukee, Wisconsin, ,
    Posts
    836
    Quote Originally Posted by Nightmare View Post
    LOL "Most" is a quibbling weasel word.


    Most municipal court records are indeed not available online. (I'm talking municipal courts, not circuit court records that are on CCAP).

    Milwaukees municipal court records are online. But I challenge you to find muni records online for other jurisdictions. Townships and villages rarely if ever post such records online.

  20. #20
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by pkbites View Post




    Most municipal court records are indeed not available online. (I'm talking municipal courts, not circuit court records that are on CCAP).



    Milwaukees municipal court records are online. But I challenge you to find muni records online for other jurisdictions. Townships and villages rarely if ever post such records online.

    I got a registration ticket in 2010 from Elk Mound which was a municipal case and that's online. Some may, some may not. I've checked an acquaintance's record and his municipal charge shows too. I know of a cop who is charged in county court with domestic violence and his is mysteriously absent. Some are more equal than others I guess.

  21. #21
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    Quote Originally Posted by pkbites View Post
    Mos municipal court records are indeed not available online. (I'm talking municipal courts, not circuit court records that are on CCAP). Milwaukees municipal court records are online. But I challenge you to find muni records online for other jurisdictions. Townships and villages rarely if ever post such records online.
    Sturgeon Bay, City of vs. John Smith
    I am responsible for my writing, not your understanding of it.

  22. #22
    Regular Member
    Join Date
    Jun 2006
    Location
    Milwaukee, Wisconsin, ,
    Posts
    836
    Quote Originally Posted by Nightmare View Post
    Sturgeon Bay, City of vs. John Smith
    There are 72 counties, each with dozens of townships and villages. Very few of their muni courts are online. I think that covers my claim that most aren't.
    Last edited by pkbites; 09-01-2014 at 11:40 PM.

  23. #23
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,148
    There are 237 municipal courts in Wisconsin. http://www.wicourts.gov/contact/docs/muni.pdf
    I am responsible for my writing, not your understanding of it.

  24. #24
    Regular Member
    Join Date
    Jun 2006
    Location
    Milwaukee, Wisconsin, ,
    Posts
    836
    Quote Originally Posted by Nightmare View Post
    There are 237 municipal courts in Wisconsin. http://www.wicourts.gov/contact/docs/muni.pdf
    And how many of them put their records onine in a manner such as CCAP? Few.


    But getting back to the OP, this seems to be a hit and run thread.

    Perhaps the question was answered when we brought up DV.
    Last edited by pkbites; 09-02-2014 at 01:43 PM.

  25. #25
    Regular Member
    Join Date
    Sep 2014
    Posts
    2
    My first post on here I'm from Hartford Wisconsin and I did my maiden open carry today I went shopping at my local Walmart without any problems, or questions. Once slight incident as I was shopping 2 customers had come towards us in the isle and as soon as they saw my sidearm turned and went the other way. Also visited my local gas station with no problems. I also made a really cool discovery for a great reference tool for concealed carry and open carry that shows friendly businesses who support our 2nd amendment. It shows in real time businesses that are OC AND CC friendly. It's a newer app. That users fill in with their experiences with places both friendly and unfriendly very easy to follow and user friendly. The app is 2AFriendly in the app. Store so please check it out and help us fill it in and spread the message of our rights!<br/>

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •