Full Faith and Credit Violation

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WI Court of Appeals – District III

Case Name: James P. Moran v. Wisconsin Department of Justice

Case No.: 2018AP563

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Full Faith and Credit Violation

James Moran appeals an order affirming a decision of the Wisconsin Department of Justice (DOJ) denying Moran’s application to purchase a 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.

Moran raises numerous arguments challenging the DOJ’s determination. He contends the DOJ improperly interpreted WIS. STAT. § 941.29(5) (2017-18), 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.

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 to 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.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.