Wisconsin Carry Has 3rd Case at Wisconsin Supreme Court
By Nik Clark
Scot Van Oudenhoven V. Wisconsin Dept of Justice
TLDR: The Wisconsin DOJ denied a firearm purchase to an individual who had a previous conviction expunged even though federal law indicates an expunged conviction is not a grounds for denial. Wisconsin Carry took the case and the Wisconsin Supreme Court has agreed to hear the case. Wisconsin Carry has 2 previous victories at the Wisconsin Supreme Court. (See Wisconsin Carry, Inc. V Madison Metro Transit and Doubek V Kaul)
In the state of Wisconsin a felony conviction precludes an individual from lawfully purchasing, owning, or possessing a firearm. A misdemeanor conviction does not unless it was for a misdemeanor crime of domestic violence (MCDV). A federal statute: 18 U.S.C. § 922(g)(9). the "Lautenberg Amendment" prohibits a person convicted of a MCDV from owning or possessing a firearm. The "Lautenberg Amendment" 18 U.S.C. § 921(a)(33)(B)(ii) also says (“A person shall not be considered to have been convicted of [a misdemeanor crime of domestic violence] if the conviction has been expunged.”).
In 2019 Wisconsin resident Scot Van Oudenhoven had a 1994 misdemeanor crime of domestic violence expunged from his record. In 2022 Mr. Van Oudenhoven attempted to purchase a handgun in Wisconsin. The Wisconsin DOJ denied the purchased based upon Van Oudenhoven's MCDV conviction of 1994, even though that conviction had been expunged, even though federal statute indicates an expunged conviction does not disqualify a person from owning or possessing a firearm. Van Oudenhoven reached out to Wisconsin Carry, Inc. and WCI agreed to fund a lawsuit against the DOJ. Wisconsin Carry lead attorney John Monroe filed a lawsuit against the Wisconsin Department of Justice. Wisconsin Carry has previously filed and funded multiple successful cases against the Wisconsin DOJ. (See Doubek V. Kaul) A case where the Wisconsin Dept. of Justice was illegally revoking and denying concealed carry licenses to Wisconsin residents. Wisconsin Carry funded Doubek V. Kaul which concluded with an unanimous victory at the Wisconsin Supreme Court allowing Doubek and countless others to reclaim their right to self-defense using a firearm by obtaining a Wisconsin Concealed Carry License.
A lawsuit was filed in Winnebago County Circuit Court challenging the WI DOJ's denial of Van Oudenhoven's handgun purchase. The court ruled against Van Oudenhoven and WCI funded an appeal. In 2024 the Court of Appeals ruled against Van Oudenhoven as well, upholding the DOJ's denial. The COA concluded that an expungement under Wisconsin law was not an expungement under the federal law. (even though federal law states an expungement means a person was not convicted of a MCDV). In June of 2024 Wisconsin Carry appealed the case to the Wisconsin Supreme Court.
In November 2024 the Wisconsin Supreme Court agreed to hear this case. Briefs will be filed in December and January and oral arguments are likely to take place in spring or early summer of 2025. Liberal Wisconsin Supreme Court Justice Ann Walsh Bradley is retiring from the court. Former extremely pro-gun Wisconsin Attorney General Brad Schimel is running for this open seat. He is being challenged by liberal anti-gun judge Susan Crawford. All gun owners in Wisconsin should take special note of this election as the composition of the Wisconsin Supreme Court hangs in the balance. Gun rights have been under attack by liberal Attorney General Josh Kaul since he was elected. Fair courts have been of great resource to Wisconsin Carry, Inc. and gun owners in Wisconsin.
Wisconsin Carry, Inc. would like to thank our dues paying members whose support allows us to fund these lawsuits and fight for your gun rights in Wisconsin. We would ask that you please give special consideration and attention to the spring Supreme Court election and encourage your pro-gun friends and family to do the same. Brad Schimel WILL be a constitutional advocate for your right to keep and bear arms at the Wisconsin Supreme Court. We would also ask our members to encourage their gun-supporting friends, family, and co-workers to consider joining Wisconsin Carry as we continue to support your right to keep and bear arms in Wisconsin.