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A disorderly conduct conviction can’t disqualify someone from obtaining a permit to carry a concealed weapon in Wisconsin, a unanimous state Supreme Court ruled Friday in a decision could dramatically broaden who can carry hidden firearms, knives and stun guns.

The court found that disorderly conduct isn’t a misdemeanor crime of domestic violence under federal law and therefore doesn’t disqualify a person from holding a concealed carry license. Justice Jill Karofsky, a member of the court’s liberal minority, concurred but in a separate opinion called on legislators to close a “dangerous loophole” that will allow domestic abusers to carry concealed weapons.

“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.”

The case revolves around Daniel Doubek, of Green Bay. According to court documents, Doubek broke into his estranged wife’s trailer in Door County in 1993 waving a board and shouting threats. He was ultimately convicted of disorderly conduct.

The state Justice Department granted Doubek a concealed carry permit in 2016, five years after carrying concealed weapons became legal in Wisconsin. The agency revoked his license in 2019 following an audit that revealed his disorderly conduct conviction.

Federal law prohibits states from issuing concealed carry permits to people convicted of misdemeanor domestic violence. The Justice Department found Wisconsin’s disorderly conduct statute qualifies as misdemeanor domestic violence as defined under federal code.

Doubek sued to regain his permit, arguing that Wisconsin’s disorderly conduct statute doesn’t match the federal definition of misdemeanor domestic violence. The federal definition requires “the use or attempted use of physical force.” But the state disorderly statute doesn’t mention the use of force, defining disorderly conduct instead as violent, abusive, indecent, profane or other undefined conduct that causes a disturbance, he argued.

A judge in Green Bay upheld the license revocation but Doubek appealed. The 2nd District Court of Appeals sent the case directly to the state Supreme Court without ruling on it.

Writing for the majority, Justice Brian Hagedorn said a disorderly conduct conviction in Wisconsin can’t disqualify someone from holding a concealed carry license in the state.

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