Cottage Grove man fights concealed carry denial - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Cottage Grove man fights concealed carry denial

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MADISON (WKOW) -- 68-year old Bob Evans of Cottage Grove is one of nearly six thousand people who have been refused a permit to carry a concealed weapon, and the only one to take that denial to an appeals court in Wisconsin, in hopes of gaining the permission.

The state department of justice based Evans' refusal on his 2002 arrest and conviction for disorderly conduct. In trying to get his 36-year old stepdaughter out his home, Evans pushed and bloodied her.

Justice department officials determined "...the disorderly conduct conviction was a misdemeanor crime of domestic violence that disqualifies him from possessing a firearm under federal law."

Evans, a property owner and manager, disputes he engaged in domestic violence. "No," he tells 27 News, stressing he was trying to expel an intruder. "This is my home, get out of here."

Evans also disputes a domestic relationship with the adult stepdaughter, saying they had been estranged for years.

Evans' case is just the first of several in Wisconsin courts, in which people refused concealed carry permits because of domestic violence argue the refusals were wrong-headed.

Evans' attorney, Mark Maciolek tells 27 News violence is not a required element of the crime of disorderly conduct in Wisconsin, and the crime cannot satisfy federal law's definition of domestic violence.

DOJ officials disagree, arguing in the Evans case, those tasked with determining who receives a conceal carry permit can look at the nature of a specific, disorderly conduct crime to see if domestic violence occurred. DOJ officials also state Evans' confrontation with his stepdaughter was a domestic situation, also involving the woman's mother, Evans' wife.

"Wuppin' up on a girl in your house, you can look at it, a lot of ways," Evans says.

A Dane County circuit court judge sided with DOJ's permit refusal. Evans expects his appeal to ultimately reach the state supreme court.

Evans tells 27 News he was unaware his disorderly conduct conviction eleven years ago would bar him from possessing a weapon until his permit refusal occurred. Evans says he's pursuing his legal appeal because he feels he has the right to go armed, but also because he's encountered threatening situations as a landlord.  

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