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Wyoming State Law Summary

Last updated July 26, 2006.
 

Article I, § 24 of the Wyoming Constitution states:  “The right of citizens to bear arms in defense of themselves and of the state shall not be denied.”

The Supreme Court of Wyoming has held that the right under art. I, § 24 is subject to the reasonable exercise of the police power. See King v. Wyo. Div. of Crim. Investigation, 2004 WY 52, ¶ 28, 89 P.3d 341, 351-52 (Wyo. 2004) (finding that no right to carry a concealed weapon exists under the Wyoming Constitution), Mecikalski v. Office of Att'y Gen., 2 P.3d 1039, 1040-41 (Wyo. 2000) (rejecting an art. I, § 24 challenge to Wyo. Stat. Ann. § 6-8-104, which prohibits the carrying of concealed weapons without a permit); and State v. McAdams, 714 P.2d 1236 (Wyo. 1986) (also rejecting an art. I, § 24 challenge to section 6-8-104).

In Carfield v. State, 649 P.2d 865, 871-72 (Wyo. 1982), the supreme court rejected a challenge to a state statute prohibiting possession of a firearm by a person previously convicted of certain crimes. The court noted that art. I, § 24 grants Wyoming residents the right to possess firearms "in defense of themselves and of the state" but observed that "[i]n this case there is no claim, nor would the facts support such a claim, by [defendant] that his possession was for the purpose of defending the State or himself." Id. at 871. The court concluded that the right to "bear arms" is subject to the legitimate exercise of the police power of the state and the statute prohibiting convicted felons from possessing firearms was a reasonable and legitimate exercise of that power. Id. at 871-72.

Wyoming has provided by statute that, subject to approval by the governor, "[t]he attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms [sic] that are not defective," if the action threatens the right of Wyoming citizens to "keep and bear arms." Section 9-14-101.

Wyoming Statutes Annotated § 6-8-401(a) provides:

The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the state. Except as authorized by [section 15-1-103(a)(xviii) (authorizing local governments to "[r]egulate, prevent or suppress riots, disturbances, disorderly assemblies or parades, or any other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place")], no city, town or county shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use or possession of firearms, weapons and ammunition except as specifically provided by this chapter. [Section 6-8-401] shall not affect zoning or other ordinances which encompass firearms businesses along with other businesses. Zoning and other ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this section and are prohibited.

There is no case law interpreting this statute.

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

 

Assault Weapons

No relevant statutes currently exist.

 

Background Checks (Brady Law)

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Wyoming, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.  Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).  In addition, Wyoming has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.  State law prohibits the use or knowing possession of a firearm by any person who has previously pled guilty to or been convicted of committing or attempting to commit a violent felony or any felony listed under Wyo. Stat. Ann. § 6-5-204(b) (causing bodily injury to a peace officer). Section 6-8-102.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed handgun permit holders in Wyoming are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Wyoming Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Wyoming, although federal and state purchaser prohibitions still apply. See the Wyoming Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

 

Carrying Firearms

Open Carrying/Exposed Firearms

Wyoming prohibits the carrying of a dangerous weapon in the State Capitol building or in any buildings under the jurisdiction of the State Building Commission. 006-041-006 Wyo. Code R. § 2(a).

Wyoming prohibits the possession of any fully automatic weapon in the game fields or forests of Wyoming. Wyo. Stat. Ann. § 23-3-112(a).

Transportation of Firearms

Please see the Location Limits sub-section below.

Concealed Weapons Licensing Requirements

Wyoming is a "may issue" state, meaning that local law enforcement has discretion in determining whether or not to issue a concealed weapons permit to an applicant. In Mecikalski v. Office of Att'y Gen., 2 P.3d 1039, 1046-47 (Wyo. 2000), the Supreme Court of Wyoming held that a local sheriff and chief of police correctly denied plaintiff's application for a permit pursuant to Wyo. Stat. Ann. § 6-8-104(g), when those officials deemed plaintiff a danger to the community at large. Plaintiff had met all qualifying criteria for a concealed firearm permit under section 6-8-104. The court found that section 6-8-104(g) and the legislative intent behind it clearly allow local law enforcement to use their discretion when issuing firearms permits. Mecikalski, 2 P.3d at 1046-47.

Pursuant to section 6-8-104(b), the Wyoming Attorney General is authorized to issue a permit to carry a concealed firearm if the applicant:

  • Is a resident of the United States;

  • Has been a resident of Wyoming for at least six months (this requirement does not apply to any person holding a valid concealed firearm permit: 1) issued in another state that recognizes Wyoming permits; 2) that is valid statewide; and 3) that is from a state with laws similar to Wyoming’s concealed firearms permit provisions);

  • Is at least 21 years of age (or at least 18 years of age if the local sheriff makes a personal recommendation on the applicant’s behalf, per § 6-8-104(j));

  • Is not prohibited by federal or state law from possessing a firearm (see 18 U.S.C. § 922(g) and Wyo. Stat. Ann. § 6-8-102; also see the Wyoming Background Checks section);

  • Does not suffer from a physical infirmity that would prevent the safe handling of a firearm;

  • Has not been committed to a state or federal facility for the abuse of a controlled substance, or convicted of certain state or federal crimes relating to controlled substances;

  • Does not chronically or habitually use alcoholic liquor or malt beverages to the extent that his or her normal faculties are impaired, and has not been involuntarily committed to any residential facility as a result of the use of alcohol;

  • Demonstrates familiarity with a firearm by past experience or through the completion of certain safety or training courses;

  • Is not currently adjudicated to be legally incompetent; and

  • Has not been committed to a mental institution.

A permit may also be denied or revoked if the applicant has been found guilty of, or has pled no contest to, one or more misdemeanor crimes of violence within the last three years. Section 6-8-104(c).

The sheriff of the applicant’s county of residence is required to submit a written report to the Wyoming Division of Criminal Investigation ("Division") containing any information pertinent to the issuance of the permit. Section 6-8-104(g). The report shall state any facts "which establish reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to himself or others, or to the community at large as a result of the applicant's mental or psychological state, as demonstrated by a past pattern or practice of behavior, or participation in incidents involving a controlled substance, alcohol abuse, violence or threats of violence as these incidents relate to criteria" listed in section 6-8-104. Id.

Applicants must pay a nonrefundable fee of $50 for processing of the permit application. Section 6-8-104(e)(ii). The actual cost of processing fingerprints must also be paid by the applicant. Section 6-8-104(e)(iii).

Any individual who carries or wears a concealed firearm without a valid permit is criminally liable for a misdemeanor. Section 6-8-104(a).

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under section 6-8-104 of the Wyoming Statutes, and 015-041-001 Wyo. Code R. § 1 through 015-041-005 Wyo. Code R. § 3 of the Wyoming Rules.

          Disclosure or Use of Information

Any list or other record maintained by the Division or other law enforcement agency under section 6-8-104 that identifies an individual applicant or permittee is not considered a public record. Section 6-8-104(bb). Applications, listings and other records maintained pursuant to section 6-8-104 that identify an individual shall be made available to other law enforcement agencies for purposes of conducting official business. Id.

The Division is required to maintain an automated listing of permit holders and other pertinent information, and must make this information available on-line, upon request, at all times to all Wyoming law enforcement agencies. Section 6-8-104(n).

Under section 6-8-104(g), the sheriff of the applicant’s county of residence must notify the chief of police, if any, of the applicant’s place of residence about any application for a concealed firearm permit, and the chief of police must submit written comments to the Division under the guidelines prescribed in section 6-8-104(g). Any submitted comments shall not be considered a public record. Id.

The Division is required, by March 1 of each year, to submit a statistical report to the Governor and to the "joint judiciary interim committee" indicating the number of permits issued, revoked, suspended and denied in the past year. Section 6-8-104(z). This report is considered a public record. Section 6-8-104(bb).

Certified child care facilities must provide parents with information regarding the presence of weapons on the premises. 049-185-006 Wyo. Code R. § 2(c)(v).

          Duration & Renewal

A Wyoming concealed firearm permit is valid for five years. Section 6-8-104(b). A permittee may renew the permit on or prior to the expiration date by filing with the sheriff of the permittee’s county of residence a renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the criteria specified in section 6-8-104, and a nonrefundable renewal fee of $50. Section 6-8-104(e)(ii), (s). A permittee who fails to file a renewal application on or before its expiration date must pay an additional $10 late fee. Section 6-8-104(s). A permit shall not be renewed after six months following its expiration date, and will be deemed permanently expired. Id. Additional information regarding permit renewal is detailed at 015-041-003 Wyo. Code R. § 8.

          Location Limits

Pursuant to section 6-8-104(t), a valid concealed firearm permit holder from Wyoming or any other jurisdiction shall not carry a concealed firearm into any:

  • Facility used primarily for law enforcement operations or administration without the written consent of the chief administrator;

  • Detention facility, prison or jail;

  • Courtroom, except that nothing shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the courtroom;

  • Meeting of a governmental entity;

  • Meeting of the legislature or a legislative committee;

  • School, college or professional athletic event not related to firearms;

  • Portion of an establishment licensed to dispense alcoholic liquor and malt beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;

  • Place where persons are assembled for public worship, without the written consent of the chief administrator of that place;

  • Elementary or secondary school facility;

  • College or university facility without the written consent of the security service of the college or university; or

  • Location where the carrying of firearms is prohibited by federal or state law.

Wyoming also prohibits concealed firearms permit holders from carrying in the State Capitol building or in any buildings under the jurisdiction of the State Building Commission. 006-041-006 Wyo. Code R. § 2(a).

          Reciprocity

Wyoming law allows any non-resident to carry a concealed firearm in Wyoming, provided that person holds a concealed firearm permit issued by a governmental agency or entity in his or her home state that is valid throughout that state.  Section 6-8-104(a)(iii).  The home state must have laws similar to the provisions of section 6-8-104 as determined by the Wyoming Attorney General, including a proper background check of the permit holder, and the home state must recognize Wyoming concealed firearms permits. Id.

          Brady Exemption

Concealed firearms permit holders in Wyoming are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Wyoming Background Checks section.

Child Access Prevention

No relevant statutes currently exist, but regulations exist that govern firearms in foster homes and certain child care facilities (generally requiring that firearms in these facilities be locked in a manner inaccessible to children, with the ammunition locked in a location separate from the firearms). See 049-080-005 Wyo. Code R. § 9; 049-185-007 Wyo. Code R. § 1(f); 049-185-008 Wyo. Code R. § 1(g), (h); 049-185-009 Wyo. Code R. § 1(g); and 049-220-001 Wyo. Code R. § 14(a)(vii)(C).

 

Dealer Regulations / Permitting

Wyoming does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Wyoming Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Wyoming Background Checks section.

Pursuant to Wyo. Stat. Ann. § 6-8-203, any information required by federal law to be maintained on firearms must be kept by every federally licensed dealer in his or her place of business and shall be subject to inspection by any peace officer at all reasonable times.

Gun Shows

No relevant statutes currently exist.

 

Immunity Statute

Wyoming has provided by statute that, subject to approval by the governor, "[t]he attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms [sic] that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms." Wyo. Stat. Ann. § 9-14-101.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

No relevant statutes currently exist.

 

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

 

Licensing of Gun Purchasers / Owners

No relevant statutes currently exist.

 

Locking Devices

No relevant statutes currently exist.

 

Minimum Age to Purchase / Possess

There is no minimum age to possess firearms under Wyoming law, although federal law generally prohibits the possession of a handgun or handgun ammunition by anyone under the age of 18.  18 U.S.C. § 922(x)(2), (3) and (5).

Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(b)(1), (c)(1).  Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21.  Id.

Federal law provides less stringent age restrictions with respect to sales by unlicensed persons.  Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(x)(1), (3) and (5).  Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person. 

An applicant for a Wyoming concealed firearms permit must be at least 21 years of age (or at least 18 years of age if the applicant meets the requirements of Wyo. Stat. Ann. § 6-8-104 and the local sheriff makes a personal, written recommendation on the applicant’s behalf, per section 6-8-104(j)). Section 6-8-104(b)(ii).

One-Gun-Per-Month

No relevant statutes currently exist.

 

Personalized / Smart Guns

No relevant statutes currently exist.

 

Secondary / Private Sales

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Wyoming, although federal and state purchaser prohibitions still apply. See the Wyoming Background Checks section.

Registration of Guns

No relevant statutes currently exist.

 

Waiting Period

No relevant statutes currently exist.

 

     Deaths and Injuries

In 2003, 89 people died from firearm-related injuries in Wyoming. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2002, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

     Federally Licensed Firearms Dealers

In 2001, there were 774 federally licensed firearms dealers in Wyoming. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, Firearms Commerce in the United States, 2001-2002, Exhibit 13 (2001).

     Registered Machine Guns

In 2000, 1,298 machine guns were registered in Wyoming pursuant to the National Firearms Act. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, Firearms Commerce in the United States, 2001-2002, Exhibit 9 (2001).

Attorney General, State of Wyoming
Attorney General, Concealed Firearms Permits FAQ
Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division (AZ, CO, NM, UT, WY)

 
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