COA rejects appeal of DOJ decision denying renewal of CCW license under Braunschweig
Murphy Allan Thompson v. Wis. Dept. of Justice, 2024AP2244 & 25AP142, 9/1/26, District III (not recommended for publication); case activity
Thompson appeals from a circuit court order denying his petition for judicial review of DOJ’s decision denying his application to renew his license to carry a concealed weapon and the order denying of his motion for reconsideration. DOJ previously granted Thompson a CCW license because his prior felony conviction had been expunged, but as a result of the supreme court’s decision in State v. Braunschweig, 2018 WI 113, 384 Wis. 2d 742, 921 N.W.2d 199, DOJ denied him renewal. COA affirms.
Thompson was convicted of a felony count of manufacture or delivery of THC in 2015. Pursuant to the plea agreement in that case, Thompson’s record was expunged pursuant to WIS. STAT. § 973.015, after he completed his sentence. (¶3). In February 2019, Thompson applied for and received a CCW license, which was valid for five years. Thompson submitted a renewal application before his license expired. 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. (¶4). Thompson unsuccessfully petitioned for review of the DOJ’s decision, and reconsideration, in the circuit court. (¶¶5-7).
On appeal, Thompson argues that the circuit court erred by refusing to reverse DOJ’s decision because (1) DOJ failed to follow the procedure under WIS. STAT. § 175.60(15)(b); (2) DOJ applied the holding in Braunschweig too broadly; (3) DOJ cannot retroactively take away his firearm rights; and (4) there was sufficient evidence in the record demonstrating that the denial violated the terms of his plea agreement. (¶8).
COA holds that DOJ correctly denied Thompson’s renewal application under the plain language of the statutes, as Thompson has been convicted of a felony in Wisconsin, which prohibits him from possessing a firearm under WIS. STAT. § 941.29(1m)(a) and, as a result, also disqualifies him from being issued a CCW license under WIS. STAT. § 175.60(3)(c). (¶11). This is because Braunschweig clarified that expunction of court records of a conviction does not result in the underlying conviction being vacated. (¶12). The then court rejects all of Thompson’s arguments, which are essentially that once an individual has a CCW license, DOJ can only deny a renewal on the basis of something new, that Braunschweig doesn’t apply to him, that Braunschweig cannot be applied retroactively, and a collateral attack claim that his felony conviction cannot be counted because his plea was based on his right to possess firearms after expungement. (¶¶13-25).