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Judge: DOJ shouldn't have used man's conviction to deny him concealed carry permit

Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

RHINELANDER, WI (WTAQ) - A judge in Rhinelander said the state Justice Department should not have used a man's domestic abuse conviction to deny him a concealed weapons' permit.

Raymond von Bober II of Rhinelander was turned down for a concealed carry permit last year, because he was convicted for grabbing his wife during an argument in 1995.

The state cited a federal law which prohibits gun possession by those convicted of misdemeanor domestic violence. But like some others before him, von Bober said Wisconsin's disorderly conduct law for domestic abuse does not always meet the federal requirements for physical abuse that would justify denying a gun permit.

Circuit Judge Patrick O'Melia said it was not clear whether von Bober's conviction was violent under the federal threshold.

The judge said the case hinged on "what the convicting court found, and not what the defendant did."

The Milwaukee Journal Sentinel said it was apparently the first time in Wisconsin that a concealed carry permit denial for domestic abuse was overturned by a judge.

(Story courtesy of Wheeler News Service)

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