Moran v. Wis. Dep't of Justice

2019 WI App 38, 932 N.W.2d 430, 388 Wis. 2d 193
CourtCourt of Appeals of Wisconsin
DecidedJune 11, 2019
DocketAppeal No. 2018AP563
StatusPublished
Cited by5 cases

This text of 2019 WI App 38 (Moran v. Wis. Dep't of Justice) 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
Moran v. Wis. Dep't of Justice, 2019 WI App 38, 932 N.W.2d 430, 388 Wis. 2d 193 (Wis. Ct. App. 2019).

Opinion

HRUZ, J.

*433*197¶1 James Moran appeals an order affirming a decision of the Wisconsin Department of Justice (DOJ) denying Moran's application to purchase *198a handgun in Wisconsin. Moran was convicted of a felony in Virginia and, upon the completion of his sentence, he petitioned to have his right to possess a firearm restored in that state. The Virginia courts granted Moran's petition, and Moran eventually moved to Wisconsin, where he attempted to purchase a firearm. The purchase was blocked by the DOJ based upon its conclusion that, as a felon who had not received a pardon for his crime, Moran was not permitted to possess a firearm in this state.

¶2 Moran raises numerous arguments challenging the DOJ's determination. He contends the DOJ improperly interpreted WIS. STAT. § 941.29(5) (2017-18),1 which identifies two circumstances under which a felon can lawfully possess a firearm in this state. We agree with the DOJ that, under the plain language of subsec. (5), a felon must either have received a pardon with respect to his or her crime, see subsec. (5)(a), or have obtained relief from his or her disabilities under an identified federal statute, see subsec. (5)(b). Moran has satisfied neither of these conditions. We reject Moran's assertions that § 941.29(5) has been preempted by federal legislation, and that the restoration of his right to possess a firearm in Virginia is the equivalent of a pardon for purposes of Wisconsin law.

¶3 We also reject various constitutional arguments Moran advances. Contrary to Moran's assertions, the interpretation of WIS. STAT. § 941.29(5) adopted by the DOJ does not violate the Full Faith and Credit Clause of the United States Constitution. That clause does not require the State of Wisconsin to defer *199to Virginia law with respect to the circumstances under which a felon residing in this state may possess firearms within this state's borders. Furthermore, we conclude that the DOJ's determination with respect to Moran's ability to possess a firearm in Wisconsin does not deprive Moran of his right to bear arms under either the federal constitution or state constitution. Because the DOJ properly denied Moran's application to purchase a firearm, we affirm the circuit court's order upholding that determination.

BACKGROUND

¶4 The relevant facts are undisputed. Moran is a current resident of Chippewa County, Wisconsin, and was previously a resident of Virginia. In 1995, Moran was adjudicated guilty in Virginia of felony embezzlement in an amount greater than $200. A three-year sentence was imposed and stayed pending Moran's completion of a five-year probation term, along with his payment of restitution in the amount of $30,700. Moran successfully completed the term of probation and paid all outstanding fines and costs.

*434¶5 The Virginia felony conviction resulted in Moran losing several civil rights in Virginia, including his rights to vote, to hold public office, and to possess firearms. Following the completion of his probation term, Moran petitioned the governor of Virginia to restore his civil rights. The governor in 2006 granted Moran's petition, removing "all political disabilities imposed as a result of [his] felony conviction except the right to ship, transport, possess or receive firearms." (Emphasis added.)

¶6 To restore his right to possess a firearm in Virginia, Moran was required to petition the Virginia circuit court in the jurisdiction in which he resided. See *200VA. CODE ANN. § 18.2-308.2(C) (2018).2 On November 6, 2013, the Circuit Court of Loudoun County, Virginia, entered a final order granting Moran a permit to carry a firearm. Thereafter, Moran obtained a permit to carry a concealed handgun in Virginia, and he purchased at least one firearm in Virginia after receiving approval from the National Instant Criminal Background Check System (NICS).

¶7 On October 5, 2016, Moran attempted to purchase a handgun in Wisconsin, where he now permanently resides.3 Moran's purchase was denied by Wisconsin's background check system based upon his Virginia felony conviction. Moran appealed the denial, which the DOJ's Crime Information Bureau upheld. The Crime Information Bureau advised Moran that under Wisconsin law-specifically, WIS. STAT. § 941.29(5) -his firearm rights could be restored only by his being granted a pardon or by the federal government's restoration of his firearm rights under 18 U.S.C. § 925(c) (2012).4

¶8 Moran appealed the Crime Information Bureau's determination to the administrator of the DOJ's Division of Law Enforcement Services, pursuant to WIS. ADMIN. CODE § JUS 10.09 (Aug. 2012). Moran asserted that WIS. STAT. § 941.29(5) had been "invalidated by congressional action," in that the statutory prerequisites for relief under that section depended on *201federal rights restoration programs that had been either repealed or defunded. Moran also asserted that he was entitled to purchase a firearm based upon amendments to federal law enacted as part of the Firearm Owners' Protection Act of 1986. Finally, Moran claimed that refusing to allow his gun purchase denied him his right to bear arms under the United States and Wisconsin constitutions.

¶9 The administrator denied Moran's appeal.5 He concluded the documentation Moran had supplied did not establish that Moran's felony conviction in Virginia should be excluded under WIS. STAT. § 941.29(5). Consequently, Moran was disqualified from purchasing or possessing a firearm in Wisconsin. The administrator remarked that the DOJ was without statutory authority to grant an exception to *435such disqualification except to the extent provided in § 941.29(5), which exceptions were not applicable in Moran's case.

¶10 Moran sought judicial review of the administrator's decision, pursuant to WIS. STAT. ch. 227. The circuit court also identified WIS. STAT. § 941.29(5) as the only mechanism by which a convicted felon can have his or her right to possess a firearm in Wisconsin restored. The court concluded the proper interpretation of that statute, given the existing state of federal law, required that a felon first receive a pardon before *202being eligible to purchase or possess firearms in Wisconsin. The court then observed it was undisputed that Moran had not received a pardon under Virginia law, and it concluded the process Moran had navigated to have his firearm rights restored in that state was not the equivalent of a pardon in Wisconsin.

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Cite This Page — Counsel Stack

Bluebook (online)
2019 WI App 38, 932 N.W.2d 430, 388 Wis. 2d 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-wis-dept-of-justice-wisctapp-2019.