Murphy Allan Thompson v. Wisconsin Department of Justice

Court of Appeals of Wisconsin·Decided September 1, 2026·No. 2024AP002244, 2025AP000142·Unpublished

Opinion

COURT OF APPEALS DECISION NOTICE DATED AND FILED This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports.

September 1, 2026 A party may file with the Supreme Court a Samuel A. Christensen petition to review an adverse decision by the Clerk of Court of Appeals Court of Appeals. See WIS. STAT. § 808.10 and RULE 809.62.

Appeal Nos. 2024AP2244 Cir. Ct. No. 2024CV16

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STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT III

MURPHY ALLAN THOMPSON,

PETITIONER-APPELLANT,

V.

WISCONSIN DEPARTMENT OF JUSTICE,

RESPONDENT-RESPONDENT.

APPEALS from orders of the circuit court for Forest County:

LEON D. STENZ, Judge. Affirmed.

Before Stark, P.J., Hruz, and Gill, JJ.

¶1 STARK, P.J. In these consolidated appeals, Murphy Allan Thompson, pro se, appeals from a circuit court order denying his petition for judicial review and affirming the Wisconsin Department of Justice’s (the DOJ)

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decision to deny Thompson a renewal of his license to carry a concealed weapon (CCW license). Thompson also appeals from the court’s denial of his motion for reconsideration of that order.

¶2 Thompson was previously granted a CCW license based on the DOJ’s understanding that an expungement nullified a prior felony conviction. However, our supreme court made clear in State v. Braunschweig, 2018 WI 113, ¶25, 384 Wis. 2d 742, 921 N.W.2d 199, that an expungement does not vacate a conviction. As a result, the DOJ determined that Thompson’s prior felony conviction disqualified him from being issued a CCW license and denied him renewal on that basis. For the reasons that follow, we reject Thompson’s arguments on appeal and affirm the decisions of the circuit court and the DOJ.

BACKGROUND

¶3 In 2015, Thompson was convicted of a felony count of manufacture or delivery of tetrahydrocannabinols (THC) in Walworth County Case No. 2015CF293. Pursuant to the parties’ agreement, as approved by the circuit court, after Thompson successfully completed his sentence in that case, the record of his conviction was later expunged pursuant to WIS. STAT. § 973.015 (2023-24).1

¶4 In February 2019, Thompson applied for and received a CCW license, which was valid for five years. See WIS. STAT. § 175.60(15)(a). In October 2023, the DOJ2 sent Thompson a renewal notice, and Thompson 1 All references to the Wisconsin Statutes are to the 2023-24 version unless otherwise noted.

2 The DOJ is charged with reviewing applications and issuing CCW licenses. See WIS.

STAT. § 175.60(1)(b), (2).

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submitted the required renewal application for his CCW license that was set to expire in February 2024. See § 175.60(15)(b). Based on its review of Thompson’s renewal application, the DOJ determined that it could not issue a CCW license to Thompson because he was “prohibited from possessing a firearm under [WIS. STAT. §] 941.29” as a result of his felony conviction in Case No. 2015CF293. See § 175.60(3)(c), (9g)(a)2.-3., (15)(c). Therefore, the DOJ denied Thompson’s renewal application.

¶5 Thompson petitioned for review of the DOJ’s decision in the circuit court. See WIS. STAT. § 175.60(14m). The circuit court held an evidentiary hearing on the matter, during which it took testimony from Thompson and heard arguments from the parties. Ultimately, the court denied Thompson’s request to overturn the DOJ’s refusal to renew Thompson’s CCW license. Relying on our supreme court’s decision in Braunschweig, the circuit court explained that it “cannot order the DOJ to issue a license which contravenes the law” and that “[t]he law is clear that you are not allowed to possess firearms even if” your conviction has been “expunged.” The court issued a written order memorializing its oral ruling.

¶6 Thereafter, Thompson filed a motion for reconsideration of the circuit court’s order. Thompson argued that the denial of his CCW license renewal application violated the terms of his plea agreement in Case No. 2015CF293 because “[h]e settled with the prosecutor’s offer because of his understanding that the conviction would be removed from his criminal record after he completed his sentence, and the expunction would restore his firearms rights.” He also argued that the DOJ’s decision violated the Ex Post Facto and Double Jeopardy Clauses of the Wisconsin Constitution.

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¶7 The circuit court held a second evidentiary hearing on Thompson’s motion for reconsideration, during which it again took testimony from Thompson, admitted written evidence into the record, and heard arguments from the parties. The court, ultimately, denied Thompson’s motion for reconsideration, rejecting each of Thompson’s arguments. Thompson appeals.

DISCUSSION

¶8 On appeal, Thompson argues that the circuit court erred by refusing to reverse the DOJ’s decision denying him renewal of his CCW license for several reasons, including because the DOJ failed to follow the procedure under WIS. STAT. § 175.60(15)(b); the DOJ applied the holding in Braunschweig too broadly; the DOJ cannot retroactively take away his firearm rights; and there was sufficient evidence in the record demonstrating that the denial violated the terms of his plea agreement. According to Thompson, the DOJ improperly “leaned on the Wisconsin Supreme Court statement in” Braunschweig when it determined, “as a matter of law, [that] Thompson is not allowed to possess firearms.” To the contrary, Thompson contends that

for nearly 10 years prior to the Braunschweig decision, as a matter of law, the DOJ allowed people with expungements, like Thompson, to lawfully possess a firearm. During that time period both the legislature and the courts recognized that an expungement is a special disposition not a conviction. It gives young people a clean slate, or should we say a second chance, and since they are specifically adjudged not to be a danger to the public, they are not tossed aside with no chance to possess a firearm. Braunschweig didn’t change that.

¶9 On review of the DOJ’s decision under WIS. STAT. § 175.60, a reviewing court “‘shall reverse’ if, among other reasons, [the] DOJ ‘erroneously interpreted a provision of law and a correct interpretation compels a different

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action.’” Doubek v. Kaul, 2022 WI 31, ¶3, 401 Wis. 2d 575, 973 N.W.2d 756 (quoting § 175.60(14m)(f)). Whether a firearm restriction applies is a matter of statutory interpretation, which is a question of law. Id. We also review de novo the effect of an expungement under our statutes. See Braunschweig, 384 Wis. 2d 742, ¶9.

¶10 We begin with the language of the statutes. See State ex rel. Kalal v.

Circuit Ct. for Dane Cnty., 2004 WI 58, ¶45, 271 Wis. 2d 633, 681 N.W.2d 110 (“[S]tatutory interpretation ‘begins with the language of the statute. If the meaning of the statute is plain, we ordinarily stop the inquiry.’” (citation omitted)). Pursuant to WIS. STAT. § 175.60(2)(a), the DOJ “shall issue a license to carry a concealed weapon to any individual who is not disqualified under sub. (3) and who completes the application process specified in sub. (7).” (Emphasis added.) The particular disqualifying event under § 175.60(3) that is applicable here is found in paragraph (3)(c), which states that the DOJ cannot issue a CCW license if an “individual is prohibited from possessing a firearm under [WIS. STAT. §] 941.29.” Section 941.29(1m)(a) states that “[a] person who possesses a firearm is guilty of a Class G felony if any of the following applies: (a) The person has been convicted of a felony in this state.” (Emphasis added.)

¶11 Considering the plain language of the above statutes, we conclude that the DOJ correctly denied Thompson’s application for renewal of his CCW license. It is undisputed that Thompson has been convicted of a felony in Wisconsin. Therefore, he is prohibited from possessing a firearm under WIS. STAT. § 941.29(1m)(a) and, as a result, is also disqualified from being issued a CCW license under WIS. STAT. § 175.60(3)(c).

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