Wyoming Gun Laws/Restrictions

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WYOMING GUN LAWS - OVERVIEW

Code Sections

WY Stat. Ann. § 6-8-102, et seq.

Types of Illegal Firearms

Possession, sale, transfer, or manufacture of the below firearms is illegal:

  • No person shall take into or possess in the game fields or forests of Wyoming any fully automatic weapon.
  • Device made or adapted to muffle the report of firearm (i.e. silencers).

Waiting Period Before Purchase

  • None

Who May Not Own Guns

Wyoming prohibits several different categories of individuals from owning or possessing pistols:

  • Those convicted of violent felony or attempt to commit violent felony.

Laws Prohibiting Firearms On or Near School Grounds

  • WY Stat. Ann. 6-8-104
PURCHASE

No state permit is required to purchase a rifle, shotgun or handgun. A person in lawful possession of a concealed firearm permit issued by this state shall be exempt from a NICS check when purchasing a firearm.

The information required by federal law to be maintained on firearms shall be kept by every wholesaler, retailer, pawnbroker and dealer in firearms in the place of business of the wholesaler, retailer, pawnbroker or dealer, and shall be subject to inspection by any peace officer at all reasonable times.

Firearms Restrictions
  • No person shall take into or possess in the game fields or forests of Wyoming any fully automatic weapon.
Stun Guns/Tasers Restrictions

State Statute or Definition: (6-1-104 Defined as weapon, but legal.)

  • No restrictions
Accessories/Ammunition Restrictions
  • Device made or adapted to muffle the report of firearm (i.e. silencers).
POSSESSION

No state permit is required to possess a rifle, shotgun or handgun.

CARRYING

Wyoming respects the right of law abiding citizens to openly carry a handgun.

Any person 21 years of age or older, who is not prohibited possessor, may carry a weapon openly or concealed without the need for a license.

All non-residents must possess a permit issued by the state of their residence. A Wyoming resident may also apply for a concealed carry permit issued by this state in order to be able to carry concealed in those states requiring a permit.

The attorney general is authorized to issue permits to carry a concealed firearm to persons qualified by this section. Applications for a concealed carry permit shall be made available and distributed by the division of criminal investigation and local law enforcement agencies. The permit shall be valid statewide for a period of 5 years from the date of issuance. When a permittee is carrying a concealed firearm they shall have valid identification along with the carry permit to display upon request of a peace officer.

A permit shall be issued to anyone who:

  1. Is a resident of the United States and has been a resident of Wyoming for at least the prior 6 months (to filing the application);
  2. Is at least 21 years old;
  3. Does not suffer from a physical infirmity which prevents the safe handling of a firearm;
  4. Is not ineligible to possess a firearm pursuant to 18 U.S.C. section 922(g) or W.S. 6-8-102;
  5. Does not chronically or habitually use alcoholic liquor and malt beverages to the extent that his normal faculties are impaired. It shall be presumed that the applicant chronically or habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been involuntarily committed, within (1) year period prior to the date on which application for a permit under this section is submitted, to any residential facility pursuant to the laws of this state or similar laws of any other state as a result of the use of alcohol;
  6. Is not currently adjudicated to be legally incompetent; and has not been committed to a mental institution.

An applicant is ineligible if they have been:

  1. Committed to a state or federal facility for the abuse of a controlled substance, within (1) year period prior to the date on which application for a permit under this section is submitted;
  2. Convicted of a felony violation of the Wyoming Controlled Substances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similar laws of any other state or the United States relating to controlled substances and has not been pardoned; or
  3. Convicted of a misdemeanor violation of Wyoming Controlled Substance Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similar laws of any state or the United States relating to controlled substances within (1) year period prior to the date of application for a permit under this section is submitted.

The applicant must demonstrate familiarity with a firearm. A legible photocopy of a certificate of completion of any of the courses or classes or a notarized affidavit from the instructor, school, club, organization, or group that conducted or taught the course or class attesting the completion of the course or class by the applicant or a copy of any document which shows completion of the course or class or evidences participation of a firearms competition, shall constitute evidence of qualification under this paragraph. Any (1) of the following activities listed in shall be sufficient to demonstrate familiarity with a firearm:

  1. Completion of any certified firearm safety or training course utilizing instructors certified by the National Rifle Association or the Wyoming Law Enforcement Academy;
  2. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division of law enforcement or security enforcement;
  3. Experience with a firearm through participation in an organized handgun shooting competition or military service;
  4. Completion of any firearms training or safety course or class conducted by a state certified or National Firearms Association certified instructor;
  5. Be certified as proficient in firearms by any Wyoming law enforcement agency under procedures established by that agency; or
  6. Honorable retirement as a federal or state peace officer who has a minimum of 10 years of service.

The division may deny or revoke a permit if the applicant has been found guilty of or has pled nolo contendere to one (1) or more crimes of violence constituting a misdemeanor offense within the three (3) year period prior to the date on which the application is submitted.

An applicant shall submit to the division through the sheriff’s office in the county of the applicant’s residence:

  1. A completed application;
  2. A nonrefundable permit fee of fifty dollars($50.00) for new or renewal permits;
  3. A full set of finger prints of the applicant administered by a law enforcement agency, the cost of this shall be borne by the applicant;
  4. A photocopy of a certificate or affidavit or document that provides verification of competency of firearms as described above.

The sheriff of the applicant’s residence shall submit a written report to the division containing any information that he feels may be pertinent to the issuance of a permit to any applicant. The written report shall state facts known to the sheriff 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 this section. The written report shall be made within 30 days after the date the sheriff receives the copy of the application.

The sheriff of the applicant’s county of residence may, at his discretion, submit a written report to the division recommending immediate issuance of a concealed firearms permit prior to the mandatory fingerprint processing. The written recommendation shall specifically state that the sheriff has personal knowledge that the applicant is qualified to be issued a permit.

The sheriff of the applicant’s county of residence may, at his discretion, submit a written report to the division recommending the issuance of a concealed firearm permit to an applicant between the ages eighteen (18) and twenty-one (21) years of age who meets the requirements specified in this section. The written recommendation shall specifically state that the sheriff has personal knowledge of the applicant’s situation or circumstances which warrant the issuance of a concealed firearms permit.

The division shall within sixty (60) days of receiving all application items:

  1. Issue the permit; or
  2. Deny the application based on the grounds that the applicant fails to qualify under the previously stated criteria. The division shall notify the applicant in writing, stating the grounds for denial and informing the applicant of their right to submit, within thirty (30) days, any additional information relating to the grounds for denial. After receiving such documentation the division shall then reconsider their decision and inform the applicant of the reconsidered decision within twenty (20) days. The applicant shall further be informed of the right to seek review of the denial in the district court pursuant to Wyoming Administration procedure Act, W.S. 16-3-101 through 16-3-115. No person denied a permit under this section shall carry a concealed firearm under a permit issued in another state, so long as he remains a resident of this state, and remains ineligible for a permit in this state.

The division shall maintain an automatic listing of permit holders and pertinent information, and the information shall be available on-line, upon request, and at all times to Wyoming law enforcement agencies.

Within thirty (30) days after changing your permanent address, or within thirty (30) days after a lost or destruction of a permit, any permittee shall notify the division. Violation of this section may result in cancellation of the permit.

A permit issued under this section shall be revoked by the division:

  1. If the permittee becomes ineligible to be issued a permit under the criteria set forth in this section; or
  2. For any conviction of any offense involving a controlled substance, alcohol abuse while carrying a concealed weapon or any crime of violence or a plea of nolo contendere to any of these crimes.

The permittee may renew his permit on or before the expiration date by filing with the sheriff of the applicant’s county of residence the renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the criteria specified in previous sections and the required renewal fee.

No person authorized to carry a concealed weapon pursuant to the previous sections shall carry a concealed weapon into:

  1. Any facility primarily used for law enforcement operations or administration without the written consent of the chief administrator;
  2. Any detention facility, prison or jail;
  3. Any court room, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the courtroom;
  4. Any meeting of a governmental entity;
  5. Any meeting of the legislature or a committee thereof;
  6. Any school, college, or professional athletic event not related to firearms;
  7. Any 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;
  8. Any place where persons are assembled for public worship, without the written consent of the chief administrator of that place;
  9. Any elementary or secondary school facility;
  10. Any college or university facility without the written consent of the security service of the college or university; or
  11. Any place where the carrying of firearms is prohibited by federal or state law.

All monies collected pursuant to this purpose shall be deposited in the general fund.

All funds received by the sheriff pursuant to this section shall be deposited in the general fund.

MACHINE GUNS

Wyoming law does not prohibit the lawful possession of machine guns. Thus, it is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

No person shall take into or possess in the game fields or forests of Wyoming any fully automatic weapon or device designed to silence or muffle the report of any firearm.

ANTIQUES, CURIOSITIES AND REPLICAS (C&R)

Wyoming statutes are silent on antique and replica firearms. Firearms that expel any projectile by the action of an explosive are treated as ordinary firearms for possession and carrying purposes.

MISCELLANEOUS

The use of firearms is prohibited in all state parks, campgrounds, recreational grounds, historic landmarks, or historic sites unless otherwise designated by the state Fish and Game Commission.

An archery hunter may possess a firearm for the purpose of self-defense during special archery or limited quota archery only hunting season. However, firearms may not be used to take game during an archery only season.

It is unlawful to: hunt, shoot, or attempt to kill any wildlife from any public road or highway; enter upon the private property of any person to hunt, fish, or trap without the permission of the owner or person in charge of the property; fire any firearm from, upon, along, or across any public road or highway; knowingly fire any rifle from the enclosed lands of one person onto or across the enclosed lands of another without the permission of both persons; and hunt at night upon privately owned or leased lands except with written permission of the landowner or lessee.

It is unlawful to harass, pursue, hunt, shoot, or kill any Wyoming wildlife except predatory animals with, from, or by use of any flying machine, automotive vehicle, trailer, motor-propelled wheeled vehicle, or vehicle designed for travel over snow. The state Fish and Game Commission may exempt handicapped hunters from this provision.

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.

The Attorney General may seek to intervene 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 firearms that are not defective, if in his judgment, the action endangers the constitutional right of the citizens of Wyoming to keep and bear arms. Before intervening in any lawsuit pursuant to this section, the Attorney General shall obtain the approval of the Governor.

A license and carry permit must be presented upon request of a peace officer.

PREEMPTION

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.

STATUTE REFERENCES

WY Stat. Ann. §§ 6-8-102, et seq.

 
Last edited: 6/21/2016