Wisconsin court overturns conviction of gun-toting man

MADISON — A Wisconsin appeals court has overturned the loitering conviction of a man who was walking near a school with a semi-automatic AR-15 rifle on his shoulder.

The 3rd District Court of Appeals ruling issued Tuesday is a victory for proponents of allowing people to openly carry firearms.

Mark Hoffman was convicted in circuit court of loitering in 2013 when he was walking around the Village of Somerset with a loaded rifle and handgun in a holster.

The appeals court on Tuesday said the St. Croix County Circuit Court should have dismissed the case because the evidence suggested the only reason Hoffman was stopped was because of the guns. The appeals court says while it may be alarming, openly carrying firearms without evidence of criminal or malicious intent is legal.