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Forfeiture – Qualifying Offense – Carrying Concealed Weapon

State v. Carlos Perez, 2001 WI 79, reversing State v. Perez, 2000 WI App 115, 235 Wis. 2d 238, 612 N.W.2d 374
For Perez: R. Douglas Stansbury

Issue/Holding:

¶1 … The issue presented is whether a person who is convicted of carrying a concealed and dangerous weapon under Wis. Stat. § 941.23 (1997-98) has ‘committed a crime involving the use of the dangerous weapon,’ as that phrase is used in Wis. Stat. § 968.20(1m)(b), so that a dangerous weapon seized from the person may not be returned.

¶3. We hold that a person convicted of going armed with a concealed and dangerous weapon contrary to Wis. Stat. § 941.23 has ‘committed a crime involving the use of the dangerous weapon,’ and that the return of the dangerous weapon or weapons seized from the person is prohibited by Wis. Stat. § 968.20(1m)(b). Accordingly, we reverse.

 

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