Evans v. Wisconsin Department of Justice
844 N.W.2d 403
Wis. Ct. App.2014Background
- Evans, Jr. appeals a circuit court decision upholding the DOJ's denial of his concealed carry license.
- DOJ denied based on Evans' 2002 disorderly conduct conviction being a 'misdemeanor crime of domestic violence' under 18 U.S.C. § 921(a)(33)(A).
- The appellate court affirms, agreeing the conviction qualifies and thus supports denial of the permit.
- 18 U.S.C. § 921(a)(33)(A)(ii) requires (i) the crime has the use of physical force as an element and (ii) it is committed by a person with a specified domestic relationship to the victim.
- Evans was convicted of disorderly conduct with an element described as 'violent, abusive and otherwise disorderly conduct' and the victim was his stepdaughter.
- The court holds that a stepparent is 'similarly situated' to a parent, supporting the classification under § 921(a)(33)(A)(ii).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Evans' disorderly conduct conviction have, as an element, the use of physical force? | Evans argues no force element is required by the Wisconsin statute. | Department argues the conviction includes 'violent' conduct as an element, satisfying force. | Yes; it includes use of physical force as an element. |
| Does Evans' relationship to the victim satisfy the 'similarly situated' requirement to a parent? | Stepparent status does not render Evans similarly situated to a parent. | Stepparents are within the broad statutory class of those 'similarly situated' to a parent. | Yes; stepparent is sufficiently 'similarly situated' to a parent. |
Key Cases Cited
- Hayes v. United States, 555 U.S. 415 (U.S. 2009) (defines the two-part element approach for misdemeanor domestic violence)
- United States v. White, 606 F.3d 144 (4th Cir. 2010) (physical force need not be directed at a person, but addresses force magnitude)
- Woods v. City and County of Denver, 122 P.3d 1050 (Colo. App. 2005) (statutory divisibility and broad congressional intent context)
- United States v. McPherson, 831 A.2d 800 (Pa. Commw. Ct. 2003) (broad interpretation of domestic relationship in § 921(a)(33)(A)(ii))