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.

Face said:

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.

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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

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.

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.

Face said:

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.

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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.

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".

I’m thinking the OP has left something out.

Face said:

In 1995, I received a disorderly conduct charge for disturbing the peace.

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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.

Face said:

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.

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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.

Sounds like a domestic.

wimwag said:

Sounds like a domestic.

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It seems that way given that the charges as described by the OP would not in themselves be a bar to receiving a CCL.

pkbites said:

It seems that way given that the charges as described by the OP would not in themselves be a bar to receiving a CCL.

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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.

Nightmare said:

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.

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Hmm. I said I was no legal expert 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

Nightmare said:

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.

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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.

Nightmare said:

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.

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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.

Nightmare said:

LOL "Most" is a quibbling weasel word.

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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.

pkbites said:

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.

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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.

Nightmare said:

Sturgeon Bay, City of vs. John Smith

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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.

Nightmare said:

There are 237 municipal courts in Wisconsin. http://www.wicourts.gov/contact/docs/muni.pdf

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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.

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/>

Yes, welcome from Doug. Now he's going to stalk you.

Groovy, now there is ww/doug contending for scariest stocker. A little early, All Saint's eve is almost 2 months away.LOL