2024 WI App 38
Wis. Ct. App.2024Background
- Scot Van Oudenhoven was convicted in Wisconsin in 1994 of misdemeanor battery as domestic violence against a woman with whom he shared a child.
- In 2019, his conviction was expunged pursuant to Wisconsin law (Wis. Stat. § 973.015(1m)), which removes court record evidence but does not vacate the conviction.
- In 2022, Van Oudenhoven attempted to purchase a handgun. The Wisconsin Department of Justice (DOJ), acting as the federal firearm background check point of contact (POC), denied the purchase, citing the federal prohibition under 18 U.S.C. § 922(g)(9) against individuals convicted of a misdemeanor crime of domestic violence.
- Van Oudenhoven sought review of the denial within the DOJ, then judicial review in circuit court; both affirmed the denial.
- He then appealed the decision to the Wisconsin Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DOJ has authority to deny the handgun purchase under federal law | DOJ had no authority under 18 U.S.C. § 922(g)(9) to deny based on Van Oudenhoven's conviction | DOJ is federally authorized as the state POC to deny purchases violating 18 U.S.C. § 922(g)(9) | DOJ is authorized under federal law to deny the purchase |
| Whether an expunged Wisconsin misdemeanor conviction counts for the federal gun ban | Once expunged under state law, conviction should not qualify as a ban under 18 U.S.C. § 921(a)(33)(B)(ii) | Wisconsin expungement does not fully remove all effects of conviction—thus, not "expunged or set aside" as required by federal law | Wisconsin expungement doesn’t meet federal definition; conviction still counts |
| Interpretation of "expunged or set aside" in federal statute | Any relief of consequences (some, not necessarily all) should suffice as "expunged or set aside" | Only a complete removal of all legal effects of conviction qualifies under federal law | "Expunged or set aside" requires complete removal; Wisconsin process does not qualify |
| Whether the expunged conviction prohibits gun possession under 18 U.S.C. § 922(g)(9) | Expungement should remove the federal prohibition | Prohibition remains because state expungement doesn’t nullify conviction for federal purposes | Prohibition remains—Van Oudenhoven is barred from purchasing a firearm |
Key Cases Cited
- State v. Braunschweig, 384 Wis. 2d 742 (2018) (Wisconsin expungement only deletes evidence from court records; it does not invalidate the conviction)
- Moran v. DOJ, 388 Wis. 2d 193 (2019) (DOJ has authority over handgun purchase approvals in Wisconsin; reviews state and federal prohibitions)
- Tetra Tech EC, Inc. v. DOR, 382 Wis. 2d 496 (2018) (statutory interpretation methodology)
- Logan v. United States, 552 U.S. 23 (2007) (defining restoration of civil rights and the effect on federal convictions under gun laws)