This summer I had the opportunity to intern in one of the DA offices in a rural southern Wisconsin county. The DA was pro-gun and offered to take me and the other intern out to the local conservation club range where he was a member. While there I asked the DA about CCW and whether he would use his prosecutorial discretion to charge a person with disorderly conduct if they were openly carrying a firearm. He said that he would and thought he would be able to get a conviction at trial for disorderly conduct. He also noted that the statute did not require a disturbance, just that the conduct was such that it tends to cause or provoke a disturbance. He said someone concerned enough to call the police on someone open carrying would probably be enough. He also talked about being 1000ft from a school and how hard that would be. Ultimately, he said he could see a case going either way depending on the factual situation.
Just from my observations, I wouldn’t trust a jury in my county. For some reason the jury members around here are always college age kids or middle aged ladies. The DA said if someone had the money and time and where willing to face a misdemeanor they could probably fight it. He said charge them out initially and see what position the court would take. I for one do not have the fortitude to try it myself after talking to him. Maybe in several years when I have some experience as attorney, I’ll open carry. At least I can CCW in Virginia where I go to school.
Below is a copy of the Wisconsin Jury instructions for Disorderly Conduct. These are what a jury would be given at the close of trial. They do a good job explaining what disorderly conduct is. In my opinion, Disorderly Conduct is pretty much the catch all for all conduct that is inappropriate but doesn’t neatly fall into any other offense. A lot of times it’s charged in domestic situations where battery doesn’t occur but there’s plenty of drunken, disorderly conduct.
Please share you thoughts and experiences about open carry in Wisconsin.
Just from my observations, I wouldn’t trust a jury in my county. For some reason the jury members around here are always college age kids or middle aged ladies. The DA said if someone had the money and time and where willing to face a misdemeanor they could probably fight it. He said charge them out initially and see what position the court would take. I for one do not have the fortitude to try it myself after talking to him. Maybe in several years when I have some experience as attorney, I’ll open carry. At least I can CCW in Virginia where I go to school.
Below is a copy of the Wisconsin Jury instructions for Disorderly Conduct. These are what a jury would be given at the close of trial. They do a good job explaining what disorderly conduct is. In my opinion, Disorderly Conduct is pretty much the catch all for all conduct that is inappropriate but doesn’t neatly fall into any other offense. A lot of times it’s charged in domestic situations where battery doesn’t occur but there’s plenty of drunken, disorderly conduct.
Please share you thoughts and experiences about open carry in Wisconsin.
Statutory Definition of the Crime
Disorderly conduct, as defined in § 947.01 of the Criminal Code of Wisconsin, is committed by a person who, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.
Elements of the Crime That the State Must Prove
1. The defendant engaged in (violent) (abusive) (indecent) (profane) (boisterous) (unreasonably loud) (or otherwise disorderly) conduct.
2. The conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance.
Meaning of "Disorderly Conduct"
"Disorderly conduct" may include physical acts or language or both.
[The general phrase "otherwise disorderly conduct" means conduct having a tendency to disrupt good order and provoke a disturbance. It includes all acts and conduct as are of a nature to corrupt the public morals or to outrage the sense of public decency, whether committed by words or acts. Conduct is disorderly although it may not be violent, abusive, indecent, profane, boisterous, or unreasonably loud if it is of a type which tends to disrupt good order and provoke a disturbance.]
The principle upon which this offense is based is that in an organized society a person should not unreasonably offend others in the community. This does not mean that all conduct that tends to disturb another is disorderly conduct. Only conduct that unreasonably offends the sense of decency or propriety of the community is included. It does not include conduct that is generally tolerated by the community at large but that might disturb an oversensitive person.
Meaning of "Tend to Cause or Provoke a Disturbance"
It is not necessary that an actual disturbance must have resulted from the defendant's conduct. The law requires only that the conduct be of a type that tends to cause or provoke a disturbance, under the circumstances as they then existed. You must consider not only the nature of the conduct but also the circumstances surrounding that conduct. What is proper under one set of circumstances may be improper under other circumstances. This element requires that the conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance.