MADISON, Wis. – Wisconsin Attorney General Josh Kaul, together with state Senator Kelda Roys and state Representative Lisa Subeck, has unveiled new legislation aimed at preventing individuals convicted of violent offenses related to domestic violence from legally purchasing or possessing firearms in Wisconsin. The proposed bill focuses on reorganizing existing statutes to ensure that individuals convicted of disorderly conduct resulting from domestic violence are prohibited from possessing firearms.
Attorney General Josh Kaul emphasized the importance of keeping firearms away from individuals who have committed violent crimes, stating, "One simple, common-sense way to prevent crime and keep Wisconsinites safe is to keep firearms out of the hands of individuals who have committed a violent crime. Wisconsin law needs to be updated so that when individuals are convicted of disorderly conduct involving domestic violence, they will be prohibited from possessing firearms."
Senator Kelda Roys highlighted the urgency of protecting victims of domestic violence, noting that Wisconsin has experienced a disproportionately high number of domestic violence deaths. She stated, "Victims of domestic violence deserve the protection of the law — and Wisconsin is leaving them behind. 1 in every 6 domestic violence deaths in the U.S. happened in Wisconsin. Earlier this month, Wisconsin reached a 22-year high for domestic violence deaths. The Republican-led legislature’s inaction protects abusers instead of taking common sense steps to protect victims of domestic violence. Today, we are introducing legislation to ensure that more victims of domestic violence can become survivors. This bill makes Wisconsin a safer place for people to live, work, and thrive."
Representative Lisa Subeck emphasized the dangers of allowing perpetrators of domestic violence access to firearms, stating, "A victim of domestic violence is five times more likely to be killed if her abuser has access to a gun, yet a loophole in Wisconsin law allows perpetrators convicted of misdemeanor domestic violence continued access to firearms. We can close this loophole, making our communities and families safer by keeping guns out of the hands of dangerous individuals with a history of violent behavior."
The need for this legislation arises from the Wisconsin Supreme Court's decision in the 2022 case Doubek v. Kaul, which determined that disorderly conduct is not considered a misdemeanor crime of domestic violence under federal law. Consequently, individuals convicted of disorderly conduct resulting from domestic violence are not disqualified from legally purchasing firearms or obtaining licenses to carry concealed weapons.
To address this loophole, the proposed bill aims to reorganize the disorderly conduct statute to distinguish "violent" conduct from other types of disorderly conduct. This reorganization would ensure that court records clearly indicate whether the crime involved violent behavior. Additionally, the legislation seeks to reorganize the statute defining domestic abuse to provide a clear indication of the specific relationship between the parties involved.
Under federal law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. Similarly, Wisconsin state law prohibits individuals prohibited from possessing firearms under federal or state law from purchasing firearms or obtaining licenses to carry concealed weapons. The proposed legislation would ensure that individuals convicted of disorderly conduct as a result of domestic violence are also prohibited from possessing firearms.
The bill proposed by Attorney General Josh Kaul, Senator Kelda Roys, and Representative Lisa Subeck is a crucial step towards closing the gap in Wisconsin's laws concerning domestic violence and firearm possession. By preventing individuals convicted of violent offenses related to domestic violence from legally obtaining firearms, this legislation aims to enhance the safety and well-being of Wisconsin residents.
For more information about the legislation, please refer to the official document available here.
Click this link to access more information: https://www.doj.state.wi.us/news-releases/attorney-general-kaul-announces-legislation-keep-guns-out-hands-domestic-abusers