MADISON, Wis. — Democrats rolled out their latest effort to curb gun violence in Wisconsin on Monday as they called for a change to existing laws to keep firearms out of the hands of domestic abusers.
Federal law already prohibits someone convicted of a misdemeanor crime of domestic violence from possessing a firearm. However, in Wisconsin, the way the law is written, that isn’t the case if a person is convicted of disorderly conduct because of domestic violence.
The lawmakers said it amounts to a loophole created by a recent court decision that they hope to close.
Last year, the Wisconsin Supreme Court ruled in Doubek v. Kaul that disorderly conduct does not qualify as a misdemeanor crime of domestic violence under federal law.
“As a result of that decision, individuals who have been convicted for a crime that involved domestic violence are able to obtain firearms,” Attorney General Josh Kaul explained Monday.
In the wake of that ruling, Democrats now want to update two statutes for the crime of disorderly conduct and the definition of domestic abuse to make court records clearer.
Under the bill, the state’s disorderly conduct statute would be reorganized to separate “violent” conduct from other types of disorderly behavior. The definition of domestic abuse would also be changed to ensure that court records reflect the exact nature of the relationship between those involved.
“The legislation today is simple and straightforward, but absolutely clear-eyed in the mission to make sure that Wisconsin does not allow people who are victimized by domestic violence to be victimized by a partner with a firearm that should have been taken away,” State Sen. Kelda Roys, D-Madison, said.
Lawmakers who support the proposal insisted it does not expand any restrictions. Rather, they argued the measure restores the statutes to how they were understood to work before the 2022 ruling.
“Two-thirds of women killed by an intimate partner are killed with a gun,” Dane Co. Sheriff Kalvin Barrett stated. “This legislation is imperative to interrupting the cycles of violence that negatively affect victims, survivors, their children, and our overall community.”
As of late, Republican lawmakers have opposed just about every restriction put forth on guns, including universal background checks and red flag laws.
Kaul said the bill serves as a “test” for Republicans who control the legislature.
“This is about people who have been convicted of violent conduct and preventing them from having access to firearms,” Kaul added. “That’s something Democrats and Republicans broadly agree upon, and I’m hopeful that we will see the Legislature take action based on that.”