State v. Leonard

2015 WI App 57, 868 N.W.2d 186, 364 Wis. 2d 491, 2015 Wisc. App. LEXIS 436
CourtCourt of Appeals of Wisconsin
DecidedJune 16, 2015
DocketNo. 2014AP2892
StatusPublished
Cited by3 cases

This text of 2015 WI App 57 (State v. Leonard) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Leonard, 2015 WI App 57, 868 N.W.2d 186, 364 Wis. 2d 491, 2015 Wisc. App. LEXIS 436 (Wis. Ct. App. 2015).

Opinion

STARK, J.

¶ 1. Steven Leonard appeals an order denying his motion for the return of firearms and ammunition that were seized from his home following events that culminated in Leonard being convicted of one count of disorderly conduct. The circuit court determined Leonard was prohibited from possessing firearms and ammunition, pursuant to 18 U.S.C. § 922(g)(9), because his disorderly conduct conviction constituted a misdemeanor crime of domestic violence under federal law. In the alternative, the court concluded the crime for which Leonard was convicted involved the use of the guns and ammunition, and Wis. Stat. § 968.20(1m)(b)1 therefore barred their return.

¶ 2. We conclude one of Leonard's guns — a .44 Magnum revolver — was used in the commission of the disorderly conduct offense for which Leonard was convicted. Accordingly, the circuit court properly denied Leonard's motion for the return of that gun under Wis. Stat. § 968.20(1m)(b). However, with respect to the other guns and ammunition, we agree with Leonard that those items were not used in the commission of the disorderly conduct offense, and, as a result, [495]*495§ 968.20(lm)(b) does not bar their return. In addition, we conclude the complaint and plea hearing transcript provide no basis for this court or the circuit court to determine whether, under the circumstances, Leonard's disorderly conduct conviction qualifies as a misdemeanor crime of domestic violence under federal law. We therefore affirm that portion of the circuit court's order denying Leonard's motion for return of the .44 Magnum revolver but reverse regarding the other guns and ammunition.

BACKGROUND

¶ 3. A criminal complaint charged Leonard with disorderly conduct, domestic abuse. The complaint alleged that Leonard engaged in

violent, boisterous, and otherwise disorderly conduct, under circumstances in which such conduct tended to cause a disturbance, to wit: having been drinking alcohol, at 3:30 a.m., kick[ed] in the locked door of his residence, scaring his wife .. ., obtain [ed] a loaded handgun, and [left] the house threatening to kill himselff.]

¶ 4. As probable cause for the charge, the complaint alleged that police were dispatched to Leonard's home in Superior at 2:42 a.m. on February 3, 2014, "on a report of a disturbance." At the residence, Leonard told police he had come home sometime after 2:00 a.m. after going out with friends for the Super Bowl. Leonard reported he and his wife began arguing "when he walked in the door."

¶ 5. Leonard's wife told police he had been "out drinking with his friends all night [,]" and she was sleeping on the couch when he came home. She woke to find Leonard standing over her, and he "instantly [496]*496started to yell at her," calling her a "bully" and "the meanest person he knows." Leonard's wife told him to go to bed, and he then "made a comment about a 'head butt'" and "got close to her[.]" However, there was no physical contact between them, and Leonard's wife stated she was not afraid at that point. She told police she wanted Leonard to either go to bed or leave the house. Leonard then informed police he intended to sleep in the garage in his truck. Police told Leonard they "were not going to force him to go somewhere else, but if he went back into the house, it would be very likely that someone would be arrested."

¶ 6. After police left the residence, Leonard sent his wife multiple text messages stating he hated her and threatening suicide. Leonard's wife called 911 at 3:31 a.m. and reported to dispatch that Leonard had kicked in the back door of the house, obtained a .44 Magnum handgun, and was threatening to shoot himself. When officers returned to the residence, Leonard was sitting in the garage in the driver's seat of his truck. Officers observed fresh damage to the back door of the house, as well as a boot print on the door similar to the boots Leonard was wearing. Leonard was placed under arrest, and during a subsequent search of the garage, officers found a loaded .44 Magnum handgun in a box near the passenger-side front corner of Leonard's truck. Leonard's wife told police she had not been "assaulted," and Leonard did not threaten her with the handgun. She initially denied fearing for her safety, but she later admitted being afraid because Leonard had "expressed hatred for her in the last couple days[.]"

¶ 7. On September 17, 2014, Leonard pled no contest to disorderly conduct, without the domestic [497]*497abuse modifier, pursuant to a plea agreement.2 During the plea colloquy, the circuit court specifically explained that the disorderly conduct charge alleged Leonard had "engage [d] in violent, boisterous, and otherwise disorderly conduct under circumstances in which such conduct tended to cause a disturbance [.]" The court also recited the allegations from the complaint that Leonard, "[h]aving been drinking alcohol at 3:30 a.m., kick[ed] in the locked door of his residence, scaring his wife . . ., obtained] a loaded handgun, and [left] the house threatening to kill himself." Leonard confirmed that he understood the charge, and his attorney stipulated that there was a factual basis for Leonard's no contest plea. The court accepted Leonard's plea, and Leonard did not appeal his conviction.

¶ 8. On October 23, 2014, Leonard filed a motion under Wis. Stat. § 968.20(1), seeking the return of seven firearms and numerous rounds of ammunition that were seized from his residence on the night of his arrest, including the .44 Magnum handgun.3 In re[498]*498sponse, the State argued Leonard was not entitled to return of the firearms and ammunition because he was not allowed to possess them under federal law— specifically, 18 U.S.C. § 922(g)(9). The circuit court agreed that § 922(g)(9) prohibited Leonard from possessing firearms and ammunition because his disorderly conduct conviction qualified as a "misdemeanor crime of domestic violence" under federal law. In the alternative, the court held that § 968.20(1m)(b) prohibited return of the firearms and ammunition because they were used in the commission of the crime for which Leonard was convicted. The court entered a written order denying Leonard's motion for return of the firearms and ammunition on November 17, 2014. Leonard now appeals.4

DISCUSSION

| 9. Leonard argues Wis. Stat. § 968.20(1m)(b) does not prohibit return of his firearms and ammunition because they were not used in the commission of the crime for which he was convicted. Leonard also argues he is not barred from possessing the firearms and ammunition under 18 U.S.C. § 922(g)(9) because he was not convicted of a misdemeanor crime of domestic violence, as the federal statutes and relevant case law define that term.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. John Dean Pleuss
Court of Appeals of Wisconsin, 2022
Daniel Doubek v. Joshua Kaul
2022 WI 31 (Wisconsin Supreme Court, 2022)
Oddsen v. Henry
2016 WI App 30 (Court of Appeals of Wisconsin, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2015 WI App 57, 868 N.W.2d 186, 364 Wis. 2d 491, 2015 Wisc. App. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leonard-wisctapp-2015.