Chairman's Blog

Unanimous Victory at Wisconsin Supreme Court

 
Wisconsin Carry wins CCL legal battle at Wisconsin Supreme Court

After liberal Washington DC insider, and Perkins Coie attorney, Josh Kaul was elected Attorney General of Wisconsin, Wisconsin Carry began receiving contact from individuals who had concealed carry licenses revoked. These individuals held valid CCL's for years and hadn't had law enforcement contact since prior to obtaining their license.

Upon investigation, WCI attorneys concluded AG Kaul's DOJ was re-examining CCL applications and unlawfully revoking concealed carry licenses. 

One such case was Daniel Doubek.  In 1993 Doubek was charged with, and convicted of, disorderly conduct (DC) after an argument with his wife.  Doubek later passed a background check and obtained his concealed carry license in Wisconsin. 

In 2018 Perkins Coie attorney and Washington DC insider Josh Kaul narrowly defeated pro-constitution Brad Schimel and became Attorney General.  In 2019 the DOJ began an "audit" of CCL holders and revoked Doubek's concealed carry license based on the 1993 conviction.  Mr. Doubek contacted Wisconsin Carry and WCI funded an appeal of the revocation all the way to the Wisconsin Supreme Court.

Oral arguments took place in December 2021 and today we are pleased to announce that the Wisconsin Supreme Court ruled unanimously that Doubek's revocation was unlawful.

In Wisconsin, a felony conviction prohibits a person from owning or possessing firearms.  The federal "Lautenberg Amendment" also deems a misdemeanor crime of domestic violence (MCDV) prohibits a person from owning or possessing firearms.  The Lautenberg Amendment however, defines what statutes meet the definition of MCDV.  The Wisconsin Supreme Court unanimously ruled Wisconsin's Disorderly Conduct statute is overly broad, "indivisible" and includes elements that do not meet the federal "Lautenberg Amendment" standard.  For this reason a disorderly conduct conviction can never constitute a misdemeanor crime of domestic violence in Wisconsin.  Other misdemeanor crimes could be MCDVs, but not disorderly conduct.

Wisconsin Carry believes 100's, perhaps 1000's of people may have been unlawfully denied a concealed carry license, may have had a CCL unlawfully revoked, or may have been unlawfully denied a firearm purchase by Josh Kaul's Department of Justice.

Wisconsin Carry would like to thank our dues paying members whose financial support allows us to undertake this litigation in Wisconsin.  This is Wisconsin Carry's second victory at the Wisconsin Supreme Court.  In 2017  Wisconsin Carry sued the city of Madison for prohibiting lawful carry on Madison Metro Transit buses. The Wisconsin Supreme Court ruled in our favor.

If you were denied a firearm purchase or concealed carry license because of a disorderly conduct conviction please reach out to Wisconsin Carry President Nik Clark at nik@wisconsincarry.org

Stay Free and Carry On,
- Wisconsin Carry, Inc.