Wisconsin Supreme Court affirms loophole allowing domestic violence offenders to get concealed carry permit

A disorderly conduct conviction can’t disqualify someone from obtaining a permit to carry a concealed weapon in Wisconsin, the state Supreme Court ruled Friday in a unanimous decision.

In a recent case, the court unanimously reversed a circuit judge’s ruling that a man’s conviction for disorderly conduct counted as a domestic violence misdemeanor under federal law that would then prohibit gun possession.

The high court found that, while the offense was domestic and violent, it’s not the facts that matter, but the nature of Wisconsin’s disorderly conduct statute. That law allows conviction for a variety of actions, but since violence is not a required element, it doesn’t match the federal definition.

One justice called the conclusion, while legally correct, “as nonsensical as it is dangerous,” and urged the Legislature to close a loophole the court cannot.

Attorney General Josh Kaul, whose office argued the case to the court, said, “This decision means that more perpetrators of domestic violence will be able to possess firearms and get concealed carry licenses.”

“As Justice (Jill) Karofsky’s concurrence explains,” Kaul continued, “this result is dangerous, especially for victims of domestic violence. The Legislature must act promptly to close this loophole and protect public safety.”

End Domestic Abuse WI said in a statement, “The Court’s recent decision runs in direct contradiction to what is identified by experts nationally and in our state to keep domestic violence victims and survivors safe.” 

Justice Jill Karofsky, a member of the court’s liberal minority, asked legislators to close a “dangerous loophole” that will allow domestic abusers to carry concealed weapons. Lawmakers introduced a bipartisan bill a year ago that would have reconciled the language but it never got got a hearing.

“Though legally correct, this result is as nonsensical as it is dangerous,” Karofsky wrote. “When a domestic abuse perpetrator, who has engaged in threats to kill or any other type of domestic violence, has access to a gun, the lethality risk for his victim increases significantly.”

End Domestic Abuse Wisconsin Executive Director Monique Minkens pointed to a report her organization compiled in 2020 that found guns were used in 52% of domestic violence homicides and the ruling will only lead to more shootings.

“It is beyond a doubt that Wisconsin victims of domestic violence will be violently, and in many cases, lethally impacted by the Wisconsin Supreme Court’s decision surrounding the expansion of concealed carry permits,” she said.