State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter8

CHAPTER 8 - WEAPONS

 

ARTICLE 1 - WEAPONS OFFENSES

 

6-8-101. Use of firearm while committing felony; subsequentconvictions; penalties; applicability of provisions.

 

(a) A person who uses a firearm while committing a felony shallbe imprisoned for not more than ten (10) years in addition to the punishmentfor the felony. For a second or subsequent conviction under this section aperson shall be imprisoned for not more than twenty (20) years in addition tothe punishment for the felony.

 

(b) Subsection (a) of this section does not apply to thosefelonies which include as an element of the crime the use or possession of adeadly weapon.

 

6-8-102. Use or possession of firearm by person convicted of certainfelony offenses; penalties.

 

Anyperson who has previously pleaded guilty to or been convicted of committing orattempting to commit a violent felony or a felony under W.S. 6-5-204(b), andhas not been pardoned and who uses or knowingly possesses any firearm is guiltyof a felony punishable by imprisonment for not more than three (3) years, afine of not more than five thousand dollars ($5,000.00), or both.

 

6-8-103. Possession, manufacture or disposition of deadly weapon withunlawful intent; penalties.

 

Aperson who knowingly possesses, manufactures, transports, repairs or sells adeadly weapon with intent to unlawfully threaten the life or physicalwell-being of another or to commit assault or inflict bodily injury on anotheris guilty of a felony punishable by imprisonment for not more than five (5)years, a fine of not more than one thousand dollars ($1,000.00), or both.

 

6-8-104. Wearing or carrying concealed weapons; penalties;exceptions; permits.

 

(a) A person who wears or carries a concealed deadly weapon isguilty of a misdemeanor punishable by a fine of not more than seven hundredfifty dollars ($750.00), imprisonment in the county jail for not more than six(6) months, or both, unless:

 

(i) The person is a peace officer;

 

(ii) The person possesses a permit under this section; or

 

(iii) The person holds a valid permit authorizing him to carry aconcealed firearm authorized and issued by a governmental agency or entity inanother state that recognizes Wyoming permits and is a valid statewide permit.

 

(b) The attorney general is authorized to issue permits tocarry a concealed firearm to persons qualified as provided by this subsection.The attorney general shall promulgate rules necessary to carry out this sectionno later than October 1, 1994. Applications for a permit to carry a concealedfirearm shall be made available and distributed by the division of criminalinvestigation and local law enforcement agencies. The permit shall be validthroughout the state for a period of five (5) years from the date of issuance.The permittee shall carry the permit, together with valid identification at alltimes when the permittee is carrying a concealed firearm and shall display boththe permit and proper identification upon request of any peace officer. Theattorney general through the division shall issue a permit to any person who:

 

(i) Is a resident of the United States and has been a residentof Wyoming for not less than six (6) months prior to filing the application.The Wyoming residency requirements of this paragraph do not apply to any personwho holds a valid permit authorizing him to carry a concealed firearmauthorized and issued by a governmental agency or entity in another state thatrecognizes Wyoming permits and is a valid statewide permit;

 

(ii) Is at least twenty-one (21) years of age;

 

(iii) Does not suffer from a physical infirmity which preventsthe safe handling of a firearm;

 

(iv) Is not ineligible to possess a firearm pursuant to 18U.S.C. section 922(g) or W.S. 6-8-102;

 

(v) Has not been:

 

(A) Committed to a state or federal facility for the abuse of acontrolled substance, within the one (1) year period prior to the date on whichapplication for a permit under this section is submitted;

 

(B) Convicted of a felony violation of the Wyoming ControlledSubstances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similar laws of anyother state or the United States relating to controlled substances and has notbeen pardoned; or

 

(C) Convicted of a misdemeanor violation of the WyomingControlled Substances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similarlaws of any other state or the United States relating to controlled substanceswithin the one (1) year period prior to the date on which application for apermit under this section is submitted.

 

(vi) Does not chronically or habitually use alcoholic liquor andmalt beverages to the extent that his normal faculties are impaired. It shallbe presumed that an applicant chronically and habitually uses alcoholicbeverages to the extent that his normal faculties are impaired if the applicanthas been involuntarily committed, within the one (1) year period prior to thedate on which application for a permit under this section is submitted, to anyresidential facility pursuant to the laws of this state or similar laws of anyother state as a result of the use of alcohol;

 

(vii) Demonstrates familiarity with a firearm. A legiblephotocopy of a certificate of completion of any of the courses or classes or anotarized affidavit from the instructor, school, club, organization or groupthat conducted or taught the course or class attesting to the completion of thecourse or class by the applicant or a copy of any document which showscompletion of the course or class or evidences participation of firearmscompetition, shall constitute evidence of qualification under this paragraph.Any one (1) of the following activities listed in this paragraph shall besufficient to demonstrate familiarity with a firearm:

 

(A) Completion of any certified firearm safety or trainingcourse utilizing instructors certified by the National Rifle Association or theWyoming law enforcement academy;

 

(B) Completion of any law enforcement firearms safety ortraining course or class offered for security guards, investigators, specialdeputies, or any division of law enforcement or security enforcement;

 

(C) Experience with a firearm through participation in anorganized handgun shooting competition or military service;

 

(D) Completion of any firearms training or safety course orclass conducted by a state certified or National Rifle Association certifiedfirearms instructor;

 

(E) Be certified as proficient in firearms safety by anyWyoming law enforcement agency under procedures established by that agency; or

 

(F) Honorable retirement as a federal or state peace officerwho has a minimum of ten (10) years of service.

 

(viii) Is not currently adjudicated to be legally incompetent; and

 

(ix) Has not been committed to a mental institution.

 

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

 

(d) The application shall be completed, under oath, on a formpromulgated by the attorney general to include:

 

(i) The name, address, place and date of birth of theapplicant;

 

(ii) A statement that, to the best of his knowledge, theapplicant is in compliance with criteria contained within this section;

 

(iii) A statement that the applicant has been furnished a copy ofthis section and is knowledgeable of its provisions;

 

(iv) A conspicuous warning that the application is executedunder oath and that a materially false answer to any question or the submissionof any materially false document by the applicant may result in denial orrevocation of a permit and subjects the applicant to criminal prosecution underW.S. 6-5-303.

 

(e) The applicant shall submit to the division through thesheriff's office in the county of the applicant's residence:

 

(i) A completed application as described in subsection (d) ofthis section;

 

(ii) A nonrefundable permit fee of fifty dollars ($50.00), if hehas not previously been issued a statewide permit, or a nonrefundable permitfee of fifty dollars ($50.00) for renewal of a permit;

 

(iii) A full set of fingerprints of the applicant administered bya law enforcement agency. The actual cost of processing the set offingerprints required in this paragraph shall be borne by the applicant;

 

(iv) A photocopy of a certificate or an affidavit or document asprovided by paragraph (b)(vii) of this section.

 

(f) The sheriff's office shall forward items received undersubsection (e) of this section but shall retain ten dollars ($10.00) of eachoriginal permit fee and five dollars ($5.00) of each renewal permit fee. Thedivision, upon receipt of the items listed in subsection (e) of this section,shall process the full set of fingerprints of the applicant for any criminaljustice information. The division shall submit a fingerprint card to thefederal bureau of investigation for a national background check. The cost ofprocessing the fingerprints shall be payable to the division.

 

(g) The sheriff of the applicant's county of residence shallsubmit a written report to the division containing any information that hefeels may be pertinent to the issuance of a permit to any applicant. Thewritten report shall state facts known to the sheriff which establishreasonable grounds to believe that the applicant has been or is reasonablylikely to be a danger to himself or others, or to the community at large as aresult of the applicant's mental or psychological state, as demonstrated by apast pattern or practice of behavior, or participation in incidents involving acontrolled substance, alcohol abuse, violence or threats of violence as theseincidents relate to criteria listed in this section. The written report shallbe made within thirty (30) days after the date the sheriff receives the copy ofthe application. The sheriff of the applicant's county of residence shallnotify the chief of police, if any, of the applicant's place of residence ofthe application for a concealed firearm permit by the applicant. The chief ofpolice shall submit written comments to the division under the guidelinesprescribed in this section. Submitted comments shall not be considered apublic record.

 

(h) The sheriff of the applicant's county of residence may, athis discretion, submit a written report to the division recommending immediateissuance of a concealed firearm permit prior to the mandatory fingerprintprocessing. The written recommendation shall specifically state that thesheriff has personal knowledge that the applicant is qualified to be issued apermit.

 

(j) The sheriff of the applicant's county of residence may, athis discretion, submit a written report to the division recommending theissuance of a concealed firearm permit to an applicant between eighteen (18)and twenty-one (21) years of age who meets the requirements specified in thissection. The written recommendation shall specifically state that the sheriffhas personal knowledge of the applicant's situation or circumstances whichwarrant the issuance of a concealed firearm permit. The division may issue apermit to carry a concealed firearm to those individuals between eighteen (18)and twenty-one (21) years of age under circumstances that a reasonable, prudentperson would believe warrant the issuance of a permit to carry a concealedfirearm. The decision to issue a concealed firearm permit shall be based onthe satisfactory completion of the requirements of this section and anyvoluntary written report offered by the sheriff of the county of theapplicant's residence which shall clearly state the reasons the applicantshould be issued a permit. The applicant may submit a written reportcontaining relevant facts for consideration by the division.

 

(k) An applicant shall pay the cost of fingerprinting servicesfor one (1) set of fingerprints and shall not be charged for any additionalservices necessary to obtain a legible set of fingerprints.

 

(m) The division shall, within sixty (60) days after the dateof receipt of the items listed in subsection (e) of this section, either:

 

(i) Issue the permit; or

 

(ii) Deny the application based on the ground that the applicantfails to qualify under the criteria listed in this section or upon reasonablegrounds for denial specified under subsection (g) of this section. If thedivision denies the application, it shall notify the applicant in writing,stating the grounds for denial and informing the applicant of a right tosubmit, within thirty (30) days, any additional documentation relating to thegrounds of denial. Upon receiving any additional documentation, the division shall reconsider its decision and inform the applicant within twenty (20) daysof the result of the reconsideration. The applicant shall further be informedof the right to seek review of the denial in the district court pursuant to theWyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115. No personwho is denied a permit under this section shall carry a concealed firearm undera permit issued in another state, so long as he remains a resident of thisstate, and he remains ineligible for a permit in this state.

 

(n) The division shall maintain an automated listing of permitholders and pertinent information, and the information shall be availableon-line, upon request, at all times to all Wyoming law enforcement agencies.

 

(o) Within thirty (30) days after the changing of a permanentaddress, or within thirty (30) days after the loss or destruction of a permit,the permittee, including any permittee under paragraph (a)(iii) of thissection, shall so notify the division. Violation of this subsection may resultin cancellation or revocation of the permit.

 

(p) In the event that a permit is lost or destroyed, the permitshall be automatically invalid, and the person to whom the same was issued may,upon payment of a five dollar ($5.00) fee to the division, obtain a duplicate,upon furnishing a notarized statement to the division that the permit has beenlost or destroyed.

 

(q) A permit issued under this section shall be revoked by thedivision:

 

(i) If the permittee becomes ineligible to be issued a permitunder the criteria set forth in this section; or

 

(ii) For any conviction of any offense involving a controlledsubstance, alcohol abuse while carrying a concealed weapon or any crime ofviolence or a plea of nolo contendere to any of these crimes.

 

(r) Repealed by Laws 1995, ch. 147, 1.

 

(s) The permittee may renew his permit on or before theexpiration date by filing with the sheriff of the applicant's county ofresidence the renewal form, a notarized affidavit stating that the permitteeremains qualified pursuant to the criteria specified in this section, and the requiredrenewal fee. The permit shall be renewed to a qualified applicant upon receiptof the completed renewal application, appropriate payment of fees and thedivision shall verify that the criminal history information available to thedivision does not indicate that possession of a firearm by the applicant wouldconstitute a violation of state or federal law. A permittee who fails to file arenewal application on or before its expiration date shall renew his permit bypaying a late fee of ten dollars ($10.00). No permit shall be renewed six (6)months or more after its expiration date, and the permit shall be deemed to bepermanently expired. A person whose permit has permanently expired may reapplyfor a permit pursuant to subsections (b) through (e) of this section.

 

(t) No permit issued pursuant to this section or any permitissued from any other state shall authorize any person to carry a concealedfirearm into:

 

(i) Any facility used primarily for law enforcement operationsor administration without the written consent of the chief administrator;

 

(ii) Any detention facility, prison or jail;

 

(iii) Any courtroom, except that nothing in this section shallpreclude a judge from carrying a concealed weapon or determining who will carrya concealed weapon in the courtroom;

 

(iv) Any meeting of a governmental entity;

 

(v) Any meeting of the legislature or a committee thereof;

 

(vi) Any school, college or professional athletic event notrelated to firearms;

 

(vii) Any portion of an establishment licensed to dispensealcoholic liquor and malt beverages for consumption on the premises, whichportion of the establishment is primarily devoted to that purpose;

 

(viii) Any place where persons are assembled for public worship,without the written consent of the chief administrator of that place;

 

(ix) Any elementary or secondary school facility;

 

(x) Any college or university facility without the writtenconsent of the security service of the college or university; or

 

(xi) Any place where the carrying of firearms is prohibited byfederal law or regulation or state law.

 

(u) All monies collected pursuant to this section shall bedeposited in the general fund.

 

(w) All funds received by the sheriff pursuant to theprovisions of this section shall be deposited into the general fund of thecounty.

 

(y) As used in this section:

 

(i) "Division" means the division of criminalinvestigation within the office of the attorney general;

 

(ii) "Firearm" means any pistol, revolver orderringer, designed to be fired by the use of a single hand.

 

(z) By March 1 of each year, the division shall submit astatistical report to the governor and to the joint judiciary interim committeeindicating the number of permits issued, revoked, suspended and denied.

 

(aa) Notwithstanding the provisions of W.S. 1-39-105 through1-39-112, the attorney general and members of the division of criminalinvestigation are immune from personal liability for issuing, for failing toissue and for revoking any concealed firearms permit under this section. Asheriff, police chief, employee of a sheriff or police chief's office shall notbe personally liable for damages in a civil action arising from any informationsubmitted pursuant to subsections (g) through (j) of this section. Nothing inthis section shall relieve any governmental entity of any liability pursuant toW.S. 1-39-101 through 1-39-120.

 

(bb) No list or other record maintained by the division or otherlaw enforcement agency pursuant to this section, which identifies an individualapplicant or permittee shall be considered a public record. Applications,listings and other records maintained pursuant to this section which identifyan individual shall be made available to other law enforcement agencies forpurposes of conducting official business. The statistical report providedpursuant to subsection (z) of this section shall be a public record.

 

ARTICLE 2 - FIREARMS REGULATION

 

6-8-201. Repealed By Laws 1997, ch. 21, 2.

 

6-8-202. Repealed By Laws 1997, ch. 21, 2.

 

6-8-203. Firearms information to be kept in place of business;inspection by peace officer.

 

The information required by federal law tobe 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 peaceofficer at all reasonable times.

 

6-8-204. Repealed By Laws 1997, ch. 21, 2.

 

ARTICLE 3 - RIFLES AND SHOTGUNS

 

6-8-301. Repealed By Laws 2003, Ch. 66, 1.

 

 

6-8-302. Repealed By Laws 2003, Ch. 66, 1.

 

 

6-8-303. Repealed By Laws 2003, Ch. 66, 1.

 

 

ARTICLE 4 - REGULATION BY STATE

 

6-8-401. Firearm, weapon and ammunition regulation and prohibition bystate.

 

(a) The Wyoming legislature finds that the right to keep andbear arms is a fundamental right. The Wyoming legislature affirms this right asa constitutionally protected right in every part of Wyoming.

 

(b) Repealed By Laws 2010, Ch. 108, 3.

 

(c) The sale, transfer, purchase, delivery, taxation,manufacture, ownership, transportation, storage, use and possession offirearms, weapons and ammunition shall be authorized, regulated and prohibitedby the state, and regulation thereof is preempted by the state. Except asauthorized by W.S. 15-1-103(a)(xviii), no city, town, county, politicalsubdivision or any other entity shall authorize, regulate or prohibit the sale,transfer, purchase, delivery, taxation, manufacture, ownership, transportation,storage, use, carrying or possession of firearms, weapons, accessories,components or ammunition except as specifically provided by this chapter. Thissection shall not affect zoning or other ordinances which encompass firearmsbusinesses along with other businesses. Zoning and other ordinances which aredesigned for the purpose of restricting or prohibiting the sale, purchase,transfer or manufacture of firearms or ammunition as a method of regulatingfirearms or ammunition are in conflict with this section and are prohibited.

 

6-8-402. Short title; applicability.

 

(a) This act shall be known and may be cited as the"Wyoming Firearms Freedom Act".

 

(b) This act shall apply to firearms, firearm accessories andammunition that are manufactured in Wyoming.

 

6-8-403. Definitions.

 

(a) As used in this act:

 

(i) "Ammunition" means any projectile expelled byaction of an explosive from a firearm but shall not include any projectiledesigned to pierce armor;

 

(ii) "Borders of Wyoming" means the boundaries ofWyoming as described in Section 2 of the Act of Admission of the state ofWyoming, 26 United States Statutes at Large, 222, chapter 664;

 

(iii) "Firearm" means any weapon which will or isdesigned to expel a projectile by the action of an explosive."Firearm" shall not include any fully automatic weapon or any weapondesigned to fire a rocket propelled grenade or any explosive projectile;

 

(iv) "Firearms accessories" means items that are usedin conjunction with or mounted upon a firearm but are not essential to thebasic function of a firearm, including, but not limited to, telescopic or lasersights, magazines, folding or aftermarket stocks and grips, speedloaders,ammunition carriers, optics for target identification and lights for targetillumination;

 

(v) "Generic and insignificant parts" includes, butis not limited to, springs, screws, nuts and pins;

 

(vi) "Manufactured" means that a firearm, a firearmaccessory or ammunition has been created from basic materials for functionalusefulness, including, but not limited to forging, casting, machining, moldingor other processes for working materials;

 

(vii) "This act" means W.S. 6-8-401 through 6-8-406.

 

6-8-404. Regulation by state of firearms, firearms accessories andammunition manufactured in Wyoming; exceptions.

 

(a) A personal firearm, a firearm accessory or ammunition thatis manufactured commercially or privately in Wyoming and that remainsexclusively within the borders of Wyoming is not subject to federal law,federal taxation or federal regulation, including registration, under theauthority of the United States congress to regulate interstate commerce. It isdeclared by the Wyoming legislature that those items have not traveled ininterstate commerce. This section applies to a firearm, a firearm accessory orammunition that is manufactured in Wyoming from basic materials and that can bemanufactured without the inclusion of any significant parts imported fromanother state or foreign country. Generic and insignificant parts that haveother manufacturing or consumer product applications are not firearms, firearmsaccessories or ammunition, and their importation into Wyoming and incorporationinto a firearm, firearm accessory or ammunition manufactured in Wyoming doesnot subject the firearm, firearm accessory or ammunition to federalregulation. It is declared by the Wyoming legislature that basic industrialmaterials, such as, but not limited to, polymers, unmachined metal, ferrous ornonferrous, bar stock, ingots or forgings and unshaped wood, are not firearms,firearms accessories or ammunition and are not subject to congressionalauthority to regulate firearms, firearms accessories and ammunition underinterstate commerce as if they were actually firearms, firearms accessories orammunition. The authority of the United States congress to regulate interstatecommerce in basic materials does not include authority to regulate firearms,firearm accessories and ammunition made within Wyoming borders from thosematerials. Firearms accessories that are imported into Wyoming from anotherstate and that are subject to federal regulation as being in interstatecommerce do not subject a firearm to federal regulation under interstatecommerce because the firearm accessory is attached to or used in conjunctionwith a firearm in Wyoming.

 

(b) A firearm manufactured or sold in Wyoming under this actshall have the words, "made in Wyoming" clearly stamped, inscribed orotherwise marked on a central part of the firearm, such as the receiver orframe.

 

(c) To possess a firearm covered by this section a personshall:

 

(i) Not have been convicted of any felony in any state,territory or other jurisdiction of the United States;

 

(ii) Not currently be adjudicated to be legally incompetent; and

 

(iii) Not have been committed to a mental institution.

 

(d) To purchase a firearm covered by this section a personshall:

 

(i) Be at least:

 

(A) Twenty-one (21) years of age if the firearm is a handgun;

 

(B) Eighteen (18) years of age if the firearm is a shotgun orrifle.

 

(ii) Not have been convicted of any felony in any state,territory or other jurisdiction of the United States;

 

(iii) Not currently be adjudicated to be legally incompetent; and

 

(iv) Not have been committed to a mental institution.

 

6-8-405. Offenses and penalties; defense of Wyoming citizens.

 

(a) No public servant as defined in W.S. 6-5-101, or dealerselling any firearm in this state shall enforce or attempt to enforce any act,law, statute, rule or regulation of the United States government relating to apersonal firearm, firearm accessory or ammunition that is manufacturedcommercially or privately in Wyoming and that remains exclusively within theborders of Wyoming.

 

(b) Any official, agent or employee of the United Statesgovernment who enforces or attempts to enforce any act, order, law, statute,rule or regulation of the United States government upon a personal firearm, afirearm accessory or ammunition that is manufactured commercially or privatelyin Wyoming and that remains exclusively within the borders of Wyoming shall beguilty of a misdemeanor and, upon conviction, shall be subject to imprisonmentfor not more than one (1) year, a fine of not more than two thousand dollars($2,000.00), or both.

 

(c) The attorney general may defend a citizen of Wyoming who isprosecuted by the United States government for violation of a federal lawrelating to the manufacture, sale, transfer or possession of a firearm, afirearm accessory or ammunition manufactured and retained exclusively withinthe borders of Wyoming.

 

6-8-406. Legislative findings and declaration of authority.

 

(a) The legislature declares that the authority for W.S.6-8-402 through 6-8-406 is the following:

 

(i) The tenth amendment to the United States constitutionguarantees to the states and their people all powers not granted to the federalgovernment elsewhere in the constitution and reserves to the state and thepeople of Wyoming certain powers as they were understood at the time thatWyoming was admitted to statehood in 1890. The guaranty of those powers is amatter of contract between the state and people of Wyoming and the severalstates comprising the United States as of the time the Act of Admission wasagreed upon and adopted by Wyoming and the several states comprising the UnitedStates in 1889;

 

(ii) The ninth amendment to the United States constitutionguarantees to the people rights not granted in the constitution and reserves tothe people of Wyoming certain rights, as they were understood at the timeWyoming was admitted to statehood in 1890. The guaranty of those rights is amatter of contract between the state and people of Wyoming and the severalstates comprising the United States as of the time the Act of Admission wasagreed upon and adopted by Wyoming and the United States in 1889;

 

(iii) The regulation of intrastate commerce is vested in thestates under the ninth and tenth amendments to the United States constitution,particularly if not expressly preempted by federal law pursuant to article 1,section 8 of the United States constitution. The United States congress hasnot expressly preempted state regulation of intrastate commerce pertaining tothe manufacture on an intrastate basis of firearms, firearms accessories andammunition;

 

(iv) The second amendment to the United States constitutionreserves to the people the right to keep and bear arms as that right wasunderstood at the time the original states ratified the bill of rights to theUnited States constitution, and the guaranty of the right is a matter ofcontract between the state and people of Wyoming and the United States as ofthe time the Act of Admission was agreed upon and adopted by Wyoming and theUnited States in 1889;

 

(v) Article 1, section 24, of the Wyoming constitution securesthe right of citizens the right to keep and bear arms and this right shall notbe denied. This right predates the United States constitution and the Wyomingconstitution and is unchanged from the 1890 Wyoming constitution, which wasapproved by congress and the people of Wyoming, and the right exists, as it wasagreed upon and adopted by Wyoming and the United States in the Act ofAdmission;

 

(vi) Article 1, section 1, of the Wyoming constitution providesthat all power is inherent in the people, and all free governments are foundedon their authority, and instituted for their peace, safety and happiness; forall the advancement of these ends they have at all times an inalienable andindefeasible right to alter, reform or abolish the government in such manner asthey may think proper;

 

(vii) Article 1, section 7, of the Wyoming constitution providesthat absolute, arbitrary power over the lives, liberty and property of freemenexists nowhere in a republic, not even in the largest majority;

 

(viii) Article 1, sections 1 and 7, of the Wyoming constitutionclearly provide that the people of the state have the sole and exclusive rightof governing themselves as a free, sovereign and independent state, and do soand forever hereafter shall exercise and enjoy every power, jurisdiction and right,pertaining thereto, which is not, or may not hereafter be, by them expresslydelegated to the United States of America;

 

(ix) The declaration of independence clearly provides thatgovernment derives its power directly from the consent of the governed andWyoming affirms the language of the second paragraph of the declaration ofindependence which states "We hold these truths to be self-evident, thatall men are created equal, that they are endowed by the Creator with certaininalienable Rights, that among these are Life, Liberty and the pursuit ofHappiness. That to secure these rights, Governments are instituted among Men,deriving their just powers from the consent of the governed...".

 

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter8

CHAPTER 8 - WEAPONS

 

ARTICLE 1 - WEAPONS OFFENSES

 

6-8-101. Use of firearm while committing felony; subsequentconvictions; penalties; applicability of provisions.

 

(a) A person who uses a firearm while committing a felony shallbe imprisoned for not more than ten (10) years in addition to the punishmentfor the felony. For a second or subsequent conviction under this section aperson shall be imprisoned for not more than twenty (20) years in addition tothe punishment for the felony.

 

(b) Subsection (a) of this section does not apply to thosefelonies which include as an element of the crime the use or possession of adeadly weapon.

 

6-8-102. Use or possession of firearm by person convicted of certainfelony offenses; penalties.

 

Anyperson who has previously pleaded guilty to or been convicted of committing orattempting to commit a violent felony or a felony under W.S. 6-5-204(b), andhas not been pardoned and who uses or knowingly possesses any firearm is guiltyof a felony punishable by imprisonment for not more than three (3) years, afine of not more than five thousand dollars ($5,000.00), or both.

 

6-8-103. Possession, manufacture or disposition of deadly weapon withunlawful intent; penalties.

 

Aperson who knowingly possesses, manufactures, transports, repairs or sells adeadly weapon with intent to unlawfully threaten the life or physicalwell-being of another or to commit assault or inflict bodily injury on anotheris guilty of a felony punishable by imprisonment for not more than five (5)years, a fine of not more than one thousand dollars ($1,000.00), or both.

 

6-8-104. Wearing or carrying concealed weapons; penalties;exceptions; permits.

 

(a) A person who wears or carries a concealed deadly weapon isguilty of a misdemeanor punishable by a fine of not more than seven hundredfifty dollars ($750.00), imprisonment in the county jail for not more than six(6) months, or both, unless:

 

(i) The person is a peace officer;

 

(ii) The person possesses a permit under this section; or

 

(iii) The person holds a valid permit authorizing him to carry aconcealed firearm authorized and issued by a governmental agency or entity inanother state that recognizes Wyoming permits and is a valid statewide permit.

 

(b) The attorney general is authorized to issue permits tocarry a concealed firearm to persons qualified as provided by this subsection.The attorney general shall promulgate rules necessary to carry out this sectionno later than October 1, 1994. Applications for a permit to carry a concealedfirearm shall be made available and distributed by the division of criminalinvestigation and local law enforcement agencies. The permit shall be validthroughout the state for a period of five (5) years from the date of issuance.The permittee shall carry the permit, together with valid identification at alltimes when the permittee is carrying a concealed firearm and shall display boththe permit and proper identification upon request of any peace officer. Theattorney general through the division shall issue a permit to any person who:

 

(i) Is a resident of the United States and has been a residentof Wyoming for not less than six (6) months prior to filing the application.The Wyoming residency requirements of this paragraph do not apply to any personwho holds a valid permit authorizing him to carry a concealed firearmauthorized and issued by a governmental agency or entity in another state thatrecognizes Wyoming permits and is a valid statewide permit;

 

(ii) Is at least twenty-one (21) years of age;

 

(iii) Does not suffer from a physical infirmity which preventsthe safe handling of a firearm;

 

(iv) Is not ineligible to possess a firearm pursuant to 18U.S.C. section 922(g) or W.S. 6-8-102;

 

(v) Has not been:

 

(A) Committed to a state or federal facility for the abuse of acontrolled substance, within the one (1) year period prior to the date on whichapplication for a permit under this section is submitted;

 

(B) Convicted of a felony violation of the Wyoming ControlledSubstances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similar laws of anyother state or the United States relating to controlled substances and has notbeen pardoned; or

 

(C) Convicted of a misdemeanor violation of the WyomingControlled Substances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similarlaws of any other state or the United States relating to controlled substanceswithin the one (1) year period prior to the date on which application for apermit under this section is submitted.

 

(vi) Does not chronically or habitually use alcoholic liquor andmalt beverages to the extent that his normal faculties are impaired. It shallbe presumed that an applicant chronically and habitually uses alcoholicbeverages to the extent that his normal faculties are impaired if the applicanthas been involuntarily committed, within the one (1) year period prior to thedate on which application for a permit under this section is submitted, to anyresidential facility pursuant to the laws of this state or similar laws of anyother state as a result of the use of alcohol;

 

(vii) Demonstrates familiarity with a firearm. A legiblephotocopy of a certificate of completion of any of the courses or classes or anotarized affidavit from the instructor, school, club, organization or groupthat conducted or taught the course or class attesting to the completion of thecourse or class by the applicant or a copy of any document which showscompletion of the course or class or evidences participation of firearmscompetition, shall constitute evidence of qualification under this paragraph.Any one (1) of the following activities listed in this paragraph shall besufficient to demonstrate familiarity with a firearm:

 

(A) Completion of any certified firearm safety or trainingcourse utilizing instructors certified by the National Rifle Association or theWyoming law enforcement academy;

 

(B) Completion of any law enforcement firearms safety ortraining course or class offered for security guards, investigators, specialdeputies, or any division of law enforcement or security enforcement;

 

(C) Experience with a firearm through participation in anorganized handgun shooting competition or military service;

 

(D) Completion of any firearms training or safety course orclass conducted by a state certified or National Rifle Association certifiedfirearms instructor;

 

(E) Be certified as proficient in firearms safety by anyWyoming law enforcement agency under procedures established by that agency; or

 

(F) Honorable retirement as a federal or state peace officerwho has a minimum of ten (10) years of service.

 

(viii) Is not currently adjudicated to be legally incompetent; and

 

(ix) Has not been committed to a mental institution.

 

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

 

(d) The application shall be completed, under oath, on a formpromulgated by the attorney general to include:

 

(i) The name, address, place and date of birth of theapplicant;

 

(ii) A statement that, to the best of his knowledge, theapplicant is in compliance with criteria contained within this section;

 

(iii) A statement that the applicant has been furnished a copy ofthis section and is knowledgeable of its provisions;

 

(iv) A conspicuous warning that the application is executedunder oath and that a materially false answer to any question or the submissionof any materially false document by the applicant may result in denial orrevocation of a permit and subjects the applicant to criminal prosecution underW.S. 6-5-303.

 

(e) The applicant shall submit to the division through thesheriff's office in the county of the applicant's residence:

 

(i) A completed application as described in subsection (d) ofthis section;

 

(ii) A nonrefundable permit fee of fifty dollars ($50.00), if hehas not previously been issued a statewide permit, or a nonrefundable permitfee of fifty dollars ($50.00) for renewal of a permit;

 

(iii) A full set of fingerprints of the applicant administered bya law enforcement agency. The actual cost of processing the set offingerprints required in this paragraph shall be borne by the applicant;

 

(iv) A photocopy of a certificate or an affidavit or document asprovided by paragraph (b)(vii) of this section.

 

(f) The sheriff's office shall forward items received undersubsection (e) of this section but shall retain ten dollars ($10.00) of eachoriginal permit fee and five dollars ($5.00) of each renewal permit fee. Thedivision, upon receipt of the items listed in subsection (e) of this section,shall process the full set of fingerprints of the applicant for any criminaljustice information. The division shall submit a fingerprint card to thefederal bureau of investigation for a national background check. The cost ofprocessing the fingerprints shall be payable to the division.

 

(g) The sheriff of the applicant's county of residence shallsubmit a written report to the division containing any information that hefeels may be pertinent to the issuance of a permit to any applicant. Thewritten report shall state facts known to the sheriff which establishreasonable grounds to believe that the applicant has been or is reasonablylikely to be a danger to himself or others, or to the community at large as aresult of the applicant's mental or psychological state, as demonstrated by apast pattern or practice of behavior, or participation in incidents involving acontrolled substance, alcohol abuse, violence or threats of violence as theseincidents relate to criteria listed in this section. The written report shallbe made within thirty (30) days after the date the sheriff receives the copy ofthe application. The sheriff of the applicant's county of residence shallnotify the chief of police, if any, of the applicant's place of residence ofthe application for a concealed firearm permit by the applicant. The chief ofpolice shall submit written comments to the division under the guidelinesprescribed in this section. Submitted comments shall not be considered apublic record.

 

(h) The sheriff of the applicant's county of residence may, athis discretion, submit a written report to the division recommending immediateissuance of a concealed firearm permit prior to the mandatory fingerprintprocessing. The written recommendation shall specifically state that thesheriff has personal knowledge that the applicant is qualified to be issued apermit.

 

(j) The sheriff of the applicant's county of residence may, athis discretion, submit a written report to the division recommending theissuance of a concealed firearm permit to an applicant between eighteen (18)and twenty-one (21) years of age who meets the requirements specified in thissection. The written recommendation shall specifically state that the sheriffhas personal knowledge of the applicant's situation or circumstances whichwarrant the issuance of a concealed firearm permit. The division may issue apermit to carry a concealed firearm to those individuals between eighteen (18)and twenty-one (21) years of age under circumstances that a reasonable, prudentperson would believe warrant the issuance of a permit to carry a concealedfirearm. The decision to issue a concealed firearm permit shall be based onthe satisfactory completion of the requirements of this section and anyvoluntary written report offered by the sheriff of the county of theapplicant's residence which shall clearly state the reasons the applicantshould be issued a permit. The applicant may submit a written reportcontaining relevant facts for consideration by the division.

 

(k) An applicant shall pay the cost of fingerprinting servicesfor one (1) set of fingerprints and shall not be charged for any additionalservices necessary to obtain a legible set of fingerprints.

 

(m) The division shall, within sixty (60) days after the dateof receipt of the items listed in subsection (e) of this section, either:

 

(i) Issue the permit; or

 

(ii) Deny the application based on the ground that the applicantfails to qualify under the criteria listed in this section or upon reasonablegrounds for denial specified under subsection (g) of this section. If thedivision denies the application, it shall notify the applicant in writing,stating the grounds for denial and informing the applicant of a right tosubmit, within thirty (30) days, any additional documentation relating to thegrounds of denial. Upon receiving any additional documentation, the division shall reconsider its decision and inform the applicant within twenty (20) daysof the result of the reconsideration. The applicant shall further be informedof the right to seek review of the denial in the district court pursuant to theWyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115. No personwho is denied a permit under this section shall carry a concealed firearm undera permit issued in another state, so long as he remains a resident of thisstate, and he remains ineligible for a permit in this state.

 

(n) The division shall maintain an automated listing of permitholders and pertinent information, and the information shall be availableon-line, upon request, at all times to all Wyoming law enforcement agencies.

 

(o) Within thirty (30) days after the changing of a permanentaddress, or within thirty (30) days after the loss or destruction of a permit,the permittee, including any permittee under paragraph (a)(iii) of thissection, shall so notify the division. Violation of this subsection may resultin cancellation or revocation of the permit.

 

(p) In the event that a permit is lost or destroyed, the permitshall be automatically invalid, and the person to whom the same was issued may,upon payment of a five dollar ($5.00) fee to the division, obtain a duplicate,upon furnishing a notarized statement to the division that the permit has beenlost or destroyed.

 

(q) A permit issued under this section shall be revoked by thedivision:

 

(i) If the permittee becomes ineligible to be issued a permitunder the criteria set forth in this section; or

 

(ii) For any conviction of any offense involving a controlledsubstance, alcohol abuse while carrying a concealed weapon or any crime ofviolence or a plea of nolo contendere to any of these crimes.

 

(r) Repealed by Laws 1995, ch. 147, 1.

 

(s) The permittee may renew his permit on or before theexpiration date by filing with the sheriff of the applicant's county ofresidence the renewal form, a notarized affidavit stating that the permitteeremains qualified pursuant to the criteria specified in this section, and the requiredrenewal fee. The permit shall be renewed to a qualified applicant upon receiptof the completed renewal application, appropriate payment of fees and thedivision shall verify that the criminal history information available to thedivision does not indicate that possession of a firearm by the applicant wouldconstitute a violation of state or federal law. A permittee who fails to file arenewal application on or before its expiration date shall renew his permit bypaying a late fee of ten dollars ($10.00). No permit shall be renewed six (6)months or more after its expiration date, and the permit shall be deemed to bepermanently expired. A person whose permit has permanently expired may reapplyfor a permit pursuant to subsections (b) through (e) of this section.

 

(t) No permit issued pursuant to this section or any permitissued from any other state shall authorize any person to carry a concealedfirearm into:

 

(i) Any facility used primarily for law enforcement operationsor administration without the written consent of the chief administrator;

 

(ii) Any detention facility, prison or jail;

 

(iii) Any courtroom, except that nothing in this section shallpreclude a judge from carrying a concealed weapon or determining who will carrya concealed weapon in the courtroom;

 

(iv) Any meeting of a governmental entity;

 

(v) Any meeting of the legislature or a committee thereof;

 

(vi) Any school, college or professional athletic event notrelated to firearms;

 

(vii) Any portion of an establishment licensed to dispensealcoholic liquor and malt beverages for consumption on the premises, whichportion of the establishment is primarily devoted to that purpose;

 

(viii) Any place where persons are assembled for public worship,without the written consent of the chief administrator of that place;

 

(ix) Any elementary or secondary school facility;

 

(x) Any college or university facility without the writtenconsent of the security service of the college or university; or

 

(xi) Any place where the carrying of firearms is prohibited byfederal law or regulation or state law.

 

(u) All monies collected pursuant to this section shall bedeposited in the general fund.

 

(w) All funds received by the sheriff pursuant to theprovisions of this section shall be deposited into the general fund of thecounty.

 

(y) As used in this section:

 

(i) "Division" means the division of criminalinvestigation within the office of the attorney general;

 

(ii) "Firearm" means any pistol, revolver orderringer, designed to be fired by the use of a single hand.

 

(z) By March 1 of each year, the division shall submit astatistical report to the governor and to the joint judiciary interim committeeindicating the number of permits issued, revoked, suspended and denied.

 

(aa) Notwithstanding the provisions of W.S. 1-39-105 through1-39-112, the attorney general and members of the division of criminalinvestigation are immune from personal liability for issuing, for failing toissue and for revoking any concealed firearms permit under this section. Asheriff, police chief, employee of a sheriff or police chief's office shall notbe personally liable for damages in a civil action arising from any informationsubmitted pursuant to subsections (g) through (j) of this section. Nothing inthis section shall relieve any governmental entity of any liability pursuant toW.S. 1-39-101 through 1-39-120.

 

(bb) No list or other record maintained by the division or otherlaw enforcement agency pursuant to this section, which identifies an individualapplicant or permittee shall be considered a public record. Applications,listings and other records maintained pursuant to this section which identifyan individual shall be made available to other law enforcement agencies forpurposes of conducting official business. The statistical report providedpursuant to subsection (z) of this section shall be a public record.

 

ARTICLE 2 - FIREARMS REGULATION

 

6-8-201. Repealed By Laws 1997, ch. 21, 2.

 

6-8-202. Repealed By Laws 1997, ch. 21, 2.

 

6-8-203. Firearms information to be kept in place of business;inspection by peace officer.

 

The information required by federal law tobe 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 peaceofficer at all reasonable times.

 

6-8-204. Repealed By Laws 1997, ch. 21, 2.

 

ARTICLE 3 - RIFLES AND SHOTGUNS

 

6-8-301. Repealed By Laws 2003, Ch. 66, 1.

 

 

6-8-302. Repealed By Laws 2003, Ch. 66, 1.

 

 

6-8-303. Repealed By Laws 2003, Ch. 66, 1.

 

 

ARTICLE 4 - REGULATION BY STATE

 

6-8-401. Firearm, weapon and ammunition regulation and prohibition bystate.

 

(a) The Wyoming legislature finds that the right to keep andbear arms is a fundamental right. The Wyoming legislature affirms this right asa constitutionally protected right in every part of Wyoming.

 

(b) Repealed By Laws 2010, Ch. 108, 3.

 

(c) The sale, transfer, purchase, delivery, taxation,manufacture, ownership, transportation, storage, use and possession offirearms, weapons and ammunition shall be authorized, regulated and prohibitedby the state, and regulation thereof is preempted by the state. Except asauthorized by W.S. 15-1-103(a)(xviii), no city, town, county, politicalsubdivision or any other entity shall authorize, regulate or prohibit the sale,transfer, purchase, delivery, taxation, manufacture, ownership, transportation,storage, use, carrying or possession of firearms, weapons, accessories,components or ammunition except as specifically provided by this chapter. Thissection shall not affect zoning or other ordinances which encompass firearmsbusinesses along with other businesses. Zoning and other ordinances which aredesigned for the purpose of restricting or prohibiting the sale, purchase,transfer or manufacture of firearms or ammunition as a method of regulatingfirearms or ammunition are in conflict with this section and are prohibited.

 

6-8-402. Short title; applicability.

 

(a) This act shall be known and may be cited as the"Wyoming Firearms Freedom Act".

 

(b) This act shall apply to firearms, firearm accessories andammunition that are manufactured in Wyoming.

 

6-8-403. Definitions.

 

(a) As used in this act:

 

(i) "Ammunition" means any projectile expelled byaction of an explosive from a firearm but shall not include any projectiledesigned to pierce armor;

 

(ii) "Borders of Wyoming" means the boundaries ofWyoming as described in Section 2 of the Act of Admission of the state ofWyoming, 26 United States Statutes at Large, 222, chapter 664;

 

(iii) "Firearm" means any weapon which will or isdesigned to expel a projectile by the action of an explosive."Firearm" shall not include any fully automatic weapon or any weapondesigned to fire a rocket propelled grenade or any explosive projectile;

 

(iv) "Firearms accessories" means items that are usedin conjunction with or mounted upon a firearm but are not essential to thebasic function of a firearm, including, but not limited to, telescopic or lasersights, magazines, folding or aftermarket stocks and grips, speedloaders,ammunition carriers, optics for target identification and lights for targetillumination;

 

(v) "Generic and insignificant parts" includes, butis not limited to, springs, screws, nuts and pins;

 

(vi) "Manufactured" means that a firearm, a firearmaccessory or ammunition has been created from basic materials for functionalusefulness, including, but not limited to forging, casting, machining, moldingor other processes for working materials;

 

(vii) "This act" means W.S. 6-8-401 through 6-8-406.

 

6-8-404. Regulation by state of firearms, firearms accessories andammunition manufactured in Wyoming; exceptions.

 

(a) A personal firearm, a firearm accessory or ammunition thatis manufactured commercially or privately in Wyoming and that remainsexclusively within the borders of Wyoming is not subject to federal law,federal taxation or federal regulation, including registration, under theauthority of the United States congress to regulate interstate commerce. It isdeclared by the Wyoming legislature that those items have not traveled ininterstate commerce. This section applies to a firearm, a firearm accessory orammunition that is manufactured in Wyoming from basic materials and that can bemanufactured without the inclusion of any significant parts imported fromanother state or foreign country. Generic and insignificant parts that haveother manufacturing or consumer product applications are not firearms, firearmsaccessories or ammunition, and their importation into Wyoming and incorporationinto a firearm, firearm accessory or ammunition manufactured in Wyoming doesnot subject the firearm, firearm accessory or ammunition to federalregulation. It is declared by the Wyoming legislature that basic industrialmaterials, such as, but not limited to, polymers, unmachined metal, ferrous ornonferrous, bar stock, ingots or forgings and unshaped wood, are not firearms,firearms accessories or ammunition and are not subject to congressionalauthority to regulate firearms, firearms accessories and ammunition underinterstate commerce as if they were actually firearms, firearms accessories orammunition. The authority of the United States congress to regulate interstatecommerce in basic materials does not include authority to regulate firearms,firearm accessories and ammunition made within Wyoming borders from thosematerials. Firearms accessories that are imported into Wyoming from anotherstate and that are subject to federal regulation as being in interstatecommerce do not subject a firearm to federal regulation under interstatecommerce because the firearm accessory is attached to or used in conjunctionwith a firearm in Wyoming.

 

(b) A firearm manufactured or sold in Wyoming under this actshall have the words, "made in Wyoming" clearly stamped, inscribed orotherwise marked on a central part of the firearm, such as the receiver orframe.

 

(c) To possess a firearm covered by this section a personshall:

 

(i) Not have been convicted of any felony in any state,territory or other jurisdiction of the United States;

 

(ii) Not currently be adjudicated to be legally incompetent; and

 

(iii) Not have been committed to a mental institution.

 

(d) To purchase a firearm covered by this section a personshall:

 

(i) Be at least:

 

(A) Twenty-one (21) years of age if the firearm is a handgun;

 

(B) Eighteen (18) years of age if the firearm is a shotgun orrifle.

 

(ii) Not have been convicted of any felony in any state,territory or other jurisdiction of the United States;

 

(iii) Not currently be adjudicated to be legally incompetent; and

 

(iv) Not have been committed to a mental institution.

 

6-8-405. Offenses and penalties; defense of Wyoming citizens.

 

(a) No public servant as defined in W.S. 6-5-101, or dealerselling any firearm in this state shall enforce or attempt to enforce any act,law, statute, rule or regulation of the United States government relating to apersonal firearm, firearm accessory or ammunition that is manufacturedcommercially or privately in Wyoming and that remains exclusively within theborders of Wyoming.

 

(b) Any official, agent or employee of the United Statesgovernment who enforces or attempts to enforce any act, order, law, statute,rule or regulation of the United States government upon a personal firearm, afirearm accessory or ammunition that is manufactured commercially or privatelyin Wyoming and that remains exclusively within the borders of Wyoming shall beguilty of a misdemeanor and, upon conviction, shall be subject to imprisonmentfor not more than one (1) year, a fine of not more than two thousand dollars($2,000.00), or both.

 

(c) The attorney general may defend a citizen of Wyoming who isprosecuted by the United States government for violation of a federal lawrelating to the manufacture, sale, transfer or possession of a firearm, afirearm accessory or ammunition manufactured and retained exclusively withinthe borders of Wyoming.

 

6-8-406. Legislative findings and declaration of authority.

 

(a) The legislature declares that the authority for W.S.6-8-402 through 6-8-406 is the following:

 

(i) The tenth amendment to the United States constitutionguarantees to the states and their people all powers not granted to the federalgovernment elsewhere in the constitution and reserves to the state and thepeople of Wyoming certain powers as they were understood at the time thatWyoming was admitted to statehood in 1890. The guaranty of those powers is amatter of contract between the state and people of Wyoming and the severalstates comprising the United States as of the time the Act of Admission wasagreed upon and adopted by Wyoming and the several states comprising the UnitedStates in 1889;

 

(ii) The ninth amendment to the United States constitutionguarantees to the people rights not granted in the constitution and reserves tothe people of Wyoming certain rights, as they were understood at the timeWyoming was admitted to statehood in 1890. The guaranty of those rights is amatter of contract between the state and people of Wyoming and the severalstates comprising the United States as of the time the Act of Admission wasagreed upon and adopted by Wyoming and the United States in 1889;

 

(iii) The regulation of intrastate commerce is vested in thestates under the ninth and tenth amendments to the United States constitution,particularly if not expressly preempted by federal law pursuant to article 1,section 8 of the United States constitution. The United States congress hasnot expressly preempted state regulation of intrastate commerce pertaining tothe manufacture on an intrastate basis of firearms, firearms accessories andammunition;

 

(iv) The second amendment to the United States constitutionreserves to the people the right to keep and bear arms as that right wasunderstood at the time the original states ratified the bill of rights to theUnited States constitution, and the guaranty of the right is a matter ofcontract between the state and people of Wyoming and the United States as ofthe time the Act of Admission was agreed upon and adopted by Wyoming and theUnited States in 1889;

 

(v) Article 1, section 24, of the Wyoming constitution securesthe right of citizens the right to keep and bear arms and this right shall notbe denied. This right predates the United States constitution and the Wyomingconstitution and is unchanged from the 1890 Wyoming constitution, which wasapproved by congress and the people of Wyoming, and the right exists, as it wasagreed upon and adopted by Wyoming and the United States in the Act ofAdmission;

 

(vi) Article 1, section 1, of the Wyoming constitution providesthat all power is inherent in the people, and all free governments are foundedon their authority, and instituted for their peace, safety and happiness; forall the advancement of these ends they have at all times an inalienable andindefeasible right to alter, reform or abolish the government in such manner asthey may think proper;

 

(vii) Article 1, section 7, of the Wyoming constitution providesthat absolute, arbitrary power over the lives, liberty and property of freemenexists nowhere in a republic, not even in the largest majority;

 

(viii) Article 1, sections 1 and 7, of the Wyoming constitutionclearly provide that the people of the state have the sole and exclusive rightof governing themselves as a free, sovereign and independent state, and do soand forever hereafter shall exercise and enjoy every power, jurisdiction and right,pertaining thereto, which is not, or may not hereafter be, by them expresslydelegated to the United States of America;

 

(ix) The declaration of independence clearly provides thatgovernment derives its power directly from the consent of the governed andWyoming affirms the language of the second paragraph of the declaration ofindependence which states "We hold these truths to be self-evident, thatall men are created equal, that they are endowed by the Creator with certaininalienable Rights, that among these are Life, Liberty and the pursuit ofHappiness. That to secure these rights, Governments are instituted among Men,deriving their just powers from the consent of the governed...".

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter8

CHAPTER 8 - WEAPONS

 

ARTICLE 1 - WEAPONS OFFENSES

 

6-8-101. Use of firearm while committing felony; subsequentconvictions; penalties; applicability of provisions.

 

(a) A person who uses a firearm while committing a felony shallbe imprisoned for not more than ten (10) years in addition to the punishmentfor the felony. For a second or subsequent conviction under this section aperson shall be imprisoned for not more than twenty (20) years in addition tothe punishment for the felony.

 

(b) Subsection (a) of this section does not apply to thosefelonies which include as an element of the crime the use or possession of adeadly weapon.

 

6-8-102. Use or possession of firearm by person convicted of certainfelony offenses; penalties.

 

Anyperson who has previously pleaded guilty to or been convicted of committing orattempting to commit a violent felony or a felony under W.S. 6-5-204(b), andhas not been pardoned and who uses or knowingly possesses any firearm is guiltyof a felony punishable by imprisonment for not more than three (3) years, afine of not more than five thousand dollars ($5,000.00), or both.

 

6-8-103. Possession, manufacture or disposition of deadly weapon withunlawful intent; penalties.

 

Aperson who knowingly possesses, manufactures, transports, repairs or sells adeadly weapon with intent to unlawfully threaten the life or physicalwell-being of another or to commit assault or inflict bodily injury on anotheris guilty of a felony punishable by imprisonment for not more than five (5)years, a fine of not more than one thousand dollars ($1,000.00), or both.

 

6-8-104. Wearing or carrying concealed weapons; penalties;exceptions; permits.

 

(a) A person who wears or carries a concealed deadly weapon isguilty of a misdemeanor punishable by a fine of not more than seven hundredfifty dollars ($750.00), imprisonment in the county jail for not more than six(6) months, or both, unless:

 

(i) The person is a peace officer;

 

(ii) The person possesses a permit under this section; or

 

(iii) The person holds a valid permit authorizing him to carry aconcealed firearm authorized and issued by a governmental agency or entity inanother state that recognizes Wyoming permits and is a valid statewide permit.

 

(b) The attorney general is authorized to issue permits tocarry a concealed firearm to persons qualified as provided by this subsection.The attorney general shall promulgate rules necessary to carry out this sectionno later than October 1, 1994. Applications for a permit to carry a concealedfirearm shall be made available and distributed by the division of criminalinvestigation and local law enforcement agencies. The permit shall be validthroughout the state for a period of five (5) years from the date of issuance.The permittee shall carry the permit, together with valid identification at alltimes when the permittee is carrying a concealed firearm and shall display boththe permit and proper identification upon request of any peace officer. Theattorney general through the division shall issue a permit to any person who:

 

(i) Is a resident of the United States and has been a residentof Wyoming for not less than six (6) months prior to filing the application.The Wyoming residency requirements of this paragraph do not apply to any personwho holds a valid permit authorizing him to carry a concealed firearmauthorized and issued by a governmental agency or entity in another state thatrecognizes Wyoming permits and is a valid statewide permit;

 

(ii) Is at least twenty-one (21) years of age;

 

(iii) Does not suffer from a physical infirmity which preventsthe safe handling of a firearm;

 

(iv) Is not ineligible to possess a firearm pursuant to 18U.S.C. section 922(g) or W.S. 6-8-102;

 

(v) Has not been:

 

(A) Committed to a state or federal facility for the abuse of acontrolled substance, within the one (1) year period prior to the date on whichapplication for a permit under this section is submitted;

 

(B) Convicted of a felony violation of the Wyoming ControlledSubstances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similar laws of anyother state or the United States relating to controlled substances and has notbeen pardoned; or

 

(C) Convicted of a misdemeanor violation of the WyomingControlled Substances Act of 1971, W.S. 35-7-1001 through 35-7-1057 or similarlaws of any other state or the United States relating to controlled substanceswithin the one (1) year period prior to the date on which application for apermit under this section is submitted.

 

(vi) Does not chronically or habitually use alcoholic liquor andmalt beverages to the extent that his normal faculties are impaired. It shallbe presumed that an applicant chronically and habitually uses alcoholicbeverages to the extent that his normal faculties are impaired if the applicanthas been involuntarily committed, within the one (1) year period prior to thedate on which application for a permit under this section is submitted, to anyresidential facility pursuant to the laws of this state or similar laws of anyother state as a result of the use of alcohol;

 

(vii) Demonstrates familiarity with a firearm. A legiblephotocopy of a certificate of completion of any of the courses or classes or anotarized affidavit from the instructor, school, club, organization or groupthat conducted or taught the course or class attesting to the completion of thecourse or class by the applicant or a copy of any document which showscompletion of the course or class or evidences participation of firearmscompetition, shall constitute evidence of qualification under this paragraph.Any one (1) of the following activities listed in this paragraph shall besufficient to demonstrate familiarity with a firearm:

 

(A) Completion of any certified firearm safety or trainingcourse utilizing instructors certified by the National Rifle Association or theWyoming law enforcement academy;

 

(B) Completion of any law enforcement firearms safety ortraining course or class offered for security guards, investigators, specialdeputies, or any division of law enforcement or security enforcement;

 

(C) Experience with a firearm through participation in anorganized handgun shooting competition or military service;

 

(D) Completion of any firearms training or safety course orclass conducted by a state certified or National Rifle Association certifiedfirearms instructor;

 

(E) Be certified as proficient in firearms safety by anyWyoming law enforcement agency under procedures established by that agency; or

 

(F) Honorable retirement as a federal or state peace officerwho has a minimum of ten (10) years of service.

 

(viii) Is not currently adjudicated to be legally incompetent; and

 

(ix) Has not been committed to a mental institution.

 

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

 

(d) The application shall be completed, under oath, on a formpromulgated by the attorney general to include:

 

(i) The name, address, place and date of birth of theapplicant;

 

(ii) A statement that, to the best of his knowledge, theapplicant is in compliance with criteria contained within this section;

 

(iii) A statement that the applicant has been furnished a copy ofthis section and is knowledgeable of its provisions;

 

(iv) A conspicuous warning that the application is executedunder oath and that a materially false answer to any question or the submissionof any materially false document by the applicant may result in denial orrevocation of a permit and subjects the applicant to criminal prosecution underW.S. 6-5-303.

 

(e) The applicant shall submit to the division through thesheriff's office in the county of the applicant's residence:

 

(i) A completed application as described in subsection (d) ofthis section;

 

(ii) A nonrefundable permit fee of fifty dollars ($50.00), if hehas not previously been issued a statewide permit, or a nonrefundable permitfee of fifty dollars ($50.00) for renewal of a permit;

 

(iii) A full set of fingerprints of the applicant administered bya law enforcement agency. The actual cost of processing the set offingerprints required in this paragraph shall be borne by the applicant;

 

(iv) A photocopy of a certificate or an affidavit or document asprovided by paragraph (b)(vii) of this section.

 

(f) The sheriff's office shall forward items received undersubsection (e) of this section but shall retain ten dollars ($10.00) of eachoriginal permit fee and five dollars ($5.00) of each renewal permit fee. Thedivision, upon receipt of the items listed in subsection (e) of this section,shall process the full set of fingerprints of the applicant for any criminaljustice information. The division shall submit a fingerprint card to thefederal bureau of investigation for a national background check. The cost ofprocessing the fingerprints shall be payable to the division.

 

(g) The sheriff of the applicant's county of residence shallsubmit a written report to the division containing any information that hefeels may be pertinent to the issuance of a permit to any applicant. Thewritten report shall state facts known to the sheriff which establishreasonable grounds to believe that the applicant has been or is reasonablylikely to be a danger to himself or others, or to the community at large as aresult of the applicant's mental or psychological state, as demonstrated by apast pattern or practice of behavior, or participation in incidents involving acontrolled substance, alcohol abuse, violence or threats of violence as theseincidents relate to criteria listed in this section. The written report shallbe made within thirty (30) days after the date the sheriff receives the copy ofthe application. The sheriff of the applicant's county of residence shallnotify the chief of police, if any, of the applicant's place of residence ofthe application for a concealed firearm permit by the applicant. The chief ofpolice shall submit written comments to the division under the guidelinesprescribed in this section. Submitted comments shall not be considered apublic record.

 

(h) The sheriff of the applicant's county of residence may, athis discretion, submit a written report to the division recommending immediateissuance of a concealed firearm permit prior to the mandatory fingerprintprocessing. The written recommendation shall specifically state that thesheriff has personal knowledge that the applicant is qualified to be issued apermit.

 

(j) The sheriff of the applicant's county of residence may, athis discretion, submit a written report to the division recommending theissuance of a concealed firearm permit to an applicant between eighteen (18)and twenty-one (21) years of age who meets the requirements specified in thissection. The written recommendation shall specifically state that the sheriffhas personal knowledge of the applicant's situation or circumstances whichwarrant the issuance of a concealed firearm permit. The division may issue apermit to carry a concealed firearm to those individuals between eighteen (18)and twenty-one (21) years of age under circumstances that a reasonable, prudentperson would believe warrant the issuance of a permit to carry a concealedfirearm. The decision to issue a concealed firearm permit shall be based onthe satisfactory completion of the requirements of this section and anyvoluntary written report offered by the sheriff of the county of theapplicant's residence which shall clearly state the reasons the applicantshould be issued a permit. The applicant may submit a written reportcontaining relevant facts for consideration by the division.

 

(k) An applicant shall pay the cost of fingerprinting servicesfor one (1) set of fingerprints and shall not be charged for any additionalservices necessary to obtain a legible set of fingerprints.

 

(m) The division shall, within sixty (60) days after the dateof receipt of the items listed in subsection (e) of this section, either:

 

(i) Issue the permit; or

 

(ii) Deny the application based on the ground that the applicantfails to qualify under the criteria listed in this section or upon reasonablegrounds for denial specified under subsection (g) of this section. If thedivision denies the application, it shall notify the applicant in writing,stating the grounds for denial and informing the applicant of a right tosubmit, within thirty (30) days, any additional documentation relating to thegrounds of denial. Upon receiving any additional documentation, the division shall reconsider its decision and inform the applicant within twenty (20) daysof the result of the reconsideration. The applicant shall further be informedof the right to seek review of the denial in the district court pursuant to theWyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115. No personwho is denied a permit under this section shall carry a concealed firearm undera permit issued in another state, so long as he remains a resident of thisstate, and he remains ineligible for a permit in this state.

 

(n) The division shall maintain an automated listing of permitholders and pertinent information, and the information shall be availableon-line, upon request, at all times to all Wyoming law enforcement agencies.

 

(o) Within thirty (30) days after the changing of a permanentaddress, or within thirty (30) days after the loss or destruction of a permit,the permittee, including any permittee under paragraph (a)(iii) of thissection, shall so notify the division. Violation of this subsection may resultin cancellation or revocation of the permit.

 

(p) In the event that a permit is lost or destroyed, the permitshall be automatically invalid, and the person to whom the same was issued may,upon payment of a five dollar ($5.00) fee to the division, obtain a duplicate,upon furnishing a notarized statement to the division that the permit has beenlost or destroyed.

 

(q) A permit issued under this section shall be revoked by thedivision:

 

(i) If the permittee becomes ineligible to be issued a permitunder the criteria set forth in this section; or

 

(ii) For any conviction of any offense involving a controlledsubstance, alcohol abuse while carrying a concealed weapon or any crime ofviolence or a plea of nolo contendere to any of these crimes.

 

(r) Repealed by Laws 1995, ch. 147, 1.

 

(s) The permittee may renew his permit on or before theexpiration date by filing with the sheriff of the applicant's county ofresidence the renewal form, a notarized affidavit stating that the permitteeremains qualified pursuant to the criteria specified in this section, and the requiredrenewal fee. The permit shall be renewed to a qualified applicant upon receiptof the completed renewal application, appropriate payment of fees and thedivision shall verify that the criminal history information available to thedivision does not indicate that possession of a firearm by the applicant wouldconstitute a violation of state or federal law. A permittee who fails to file arenewal application on or before its expiration date shall renew his permit bypaying a late fee of ten dollars ($10.00). No permit shall be renewed six (6)months or more after its expiration date, and the permit shall be deemed to bepermanently expired. A person whose permit has permanently expired may reapplyfor a permit pursuant to subsections (b) through (e) of this section.

 

(t) No permit issued pursuant to this section or any permitissued from any other state shall authorize any person to carry a concealedfirearm into:

 

(i) Any facility used primarily for law enforcement operationsor administration without the written consent of the chief administrator;

 

(ii) Any detention facility, prison or jail;

 

(iii) Any courtroom, except that nothing in this section shallpreclude a judge from carrying a concealed weapon or determining who will carrya concealed weapon in the courtroom;

 

(iv) Any meeting of a governmental entity;

 

(v) Any meeting of the legislature or a committee thereof;

 

(vi) Any school, college or professional athletic event notrelated to firearms;

 

(vii) Any portion of an establishment licensed to dispensealcoholic liquor and malt beverages for consumption on the premises, whichportion of the establishment is primarily devoted to that purpose;

 

(viii) Any place where persons are assembled for public worship,without the written consent of the chief administrator of that place;

 

(ix) Any elementary or secondary school facility;

 

(x) Any college or university facility without the writtenconsent of the security service of the college or university; or

 

(xi) Any place where the carrying of firearms is prohibited byfederal law or regulation or state law.

 

(u) All monies collected pursuant to this section shall bedeposited in the general fund.

 

(w) All funds received by the sheriff pursuant to theprovisions of this section shall be deposited into the general fund of thecounty.

 

(y) As used in this section:

 

(i) "Division" means the division of criminalinvestigation within the office of the attorney general;

 

(ii) "Firearm" means any pistol, revolver orderringer, designed to be fired by the use of a single hand.

 

(z) By March 1 of each year, the division shall submit astatistical report to the governor and to the joint judiciary interim committeeindicating the number of permits issued, revoked, suspended and denied.

 

(aa) Notwithstanding the provisions of W.S. 1-39-105 through1-39-112, the attorney general and members of the division of criminalinvestigation are immune from personal liability for issuing, for failing toissue and for revoking any concealed firearms permit under this section. Asheriff, police chief, employee of a sheriff or police chief's office shall notbe personally liable for damages in a civil action arising from any informationsubmitted pursuant to subsections (g) through (j) of this section. Nothing inthis section shall relieve any governmental entity of any liability pursuant toW.S. 1-39-101 through 1-39-120.

 

(bb) No list or other record maintained by the division or otherlaw enforcement agency pursuant to this section, which identifies an individualapplicant or permittee shall be considered a public record. Applications,listings and other records maintained pursuant to this section which identifyan individual shall be made available to other law enforcement agencies forpurposes of conducting official business. The statistical report providedpursuant to subsection (z) of this section shall be a public record.

 

ARTICLE 2 - FIREARMS REGULATION

 

6-8-201. Repealed By Laws 1997, ch. 21, 2.

 

6-8-202. Repealed By Laws 1997, ch. 21, 2.

 

6-8-203. Firearms information to be kept in place of business;inspection by peace officer.

 

The information required by federal law tobe 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 peaceofficer at all reasonable times.

 

6-8-204. Repealed By Laws 1997, ch. 21, 2.

 

ARTICLE 3 - RIFLES AND SHOTGUNS

 

6-8-301. Repealed By Laws 2003, Ch. 66, 1.

 

 

6-8-302. Repealed By Laws 2003, Ch. 66, 1.

 

 

6-8-303. Repealed By Laws 2003, Ch. 66, 1.

 

 

ARTICLE 4 - REGULATION BY STATE

 

6-8-401. Firearm, weapon and ammunition regulation and prohibition bystate.

 

(a) The Wyoming legislature finds that the right to keep andbear arms is a fundamental right. The Wyoming legislature affirms this right asa constitutionally protected right in every part of Wyoming.

 

(b) Repealed By Laws 2010, Ch. 108, 3.

 

(c) The sale, transfer, purchase, delivery, taxation,manufacture, ownership, transportation, storage, use and possession offirearms, weapons and ammunition shall be authorized, regulated and prohibitedby the state, and regulation thereof is preempted by the state. Except asauthorized by W.S. 15-1-103(a)(xviii), no city, town, county, politicalsubdivision or any other entity shall authorize, regulate or prohibit the sale,transfer, purchase, delivery, taxation, manufacture, ownership, transportation,storage, use, carrying or possession of firearms, weapons, accessories,components or ammunition except as specifically provided by this chapter. Thissection shall not affect zoning or other ordinances which encompass firearmsbusinesses along with other businesses. Zoning and other ordinances which aredesigned for the purpose of restricting or prohibiting the sale, purchase,transfer or manufacture of firearms or ammunition as a method of regulatingfirearms or ammunition are in conflict with this section and are prohibited.

 

6-8-402. Short title; applicability.

 

(a) This act shall be known and may be cited as the"Wyoming Firearms Freedom Act".

 

(b) This act shall apply to firearms, firearm accessories andammunition that are manufactured in Wyoming.

 

6-8-403. Definitions.

 

(a) As used in this act:

 

(i) "Ammunition" means any projectile expelled byaction of an explosive from a firearm but shall not include any projectiledesigned to pierce armor;

 

(ii) "Borders of Wyoming" means the boundaries ofWyoming as described in Section 2 of the Act of Admission of the state ofWyoming, 26 United States Statutes at Large, 222, chapter 664;

 

(iii) "Firearm" means any weapon which will or isdesigned to expel a projectile by the action of an explosive."Firearm" shall not include any fully automatic weapon or any weapondesigned to fire a rocket propelled grenade or any explosive projectile;

 

(iv) "Firearms accessories" means items that are usedin conjunction with or mounted upon a firearm but are not essential to thebasic function of a firearm, including, but not limited to, telescopic or lasersights, magazines, folding or aftermarket stocks and grips, speedloaders,ammunition carriers, optics for target identification and lights for targetillumination;

 

(v) "Generic and insignificant parts" includes, butis not limited to, springs, screws, nuts and pins;

 

(vi) "Manufactured" means that a firearm, a firearmaccessory or ammunition has been created from basic materials for functionalusefulness, including, but not limited to forging, casting, machining, moldingor other processes for working materials;

 

(vii) "This act" means W.S. 6-8-401 through 6-8-406.

 

6-8-404. Regulation by state of firearms, firearms accessories andammunition manufactured in Wyoming; exceptions.

 

(a) A personal firearm, a firearm accessory or ammunition thatis manufactured commercially or privately in Wyoming and that remainsexclusively within the borders of Wyoming is not subject to federal law,federal taxation or federal regulation, including registration, under theauthority of the United States congress to regulate interstate commerce. It isdeclared by the Wyoming legislature that those items have not traveled ininterstate commerce. This section applies to a firearm, a firearm accessory orammunition that is manufactured in Wyoming from basic materials and that can bemanufactured without the inclusion of any significant parts imported fromanother state or foreign country. Generic and insignificant parts that haveother manufacturing or consumer product applications are not firearms, firearmsaccessories or ammunition, and their importation into Wyoming and incorporationinto a firearm, firearm accessory or ammunition manufactured in Wyoming doesnot subject the firearm, firearm accessory or ammunition to federalregulation. It is declared by the Wyoming legislature that basic industrialmaterials, such as, but not limited to, polymers, unmachined metal, ferrous ornonferrous, bar stock, ingots or forgings and unshaped wood, are not firearms,firearms accessories or ammunition and are not subject to congressionalauthority to regulate firearms, firearms accessories and ammunition underinterstate commerce as if they were actually firearms, firearms accessories orammunition. The authority of the United States congress to regulate interstatecommerce in basic materials does not include authority to regulate firearms,firearm accessories and ammunition made within Wyoming borders from thosematerials. Firearms accessories that are imported into Wyoming from anotherstate and that are subject to federal regulation as being in interstatecommerce do not subject a firearm to federal regulation under interstatecommerce because the firearm accessory is attached to or used in conjunctionwith a firearm in Wyoming.

 

(b) A firearm manufactured or sold in Wyoming under this actshall have the words, "made in Wyoming" clearly stamped, inscribed orotherwise marked on a central part of the firearm, such as the receiver orframe.

 

(c) To possess a firearm covered by this section a personshall:

 

(i) Not have been convicted of any felony in any state,territory or other jurisdiction of the United States;

 

(ii) Not currently be adjudicated to be legally incompetent; and

 

(iii) Not have been committed to a mental institution.

 

(d) To purchase a firearm covered by this section a personshall:

 

(i) Be at least:

 

(A) Twenty-one (21) years of age if the firearm is a handgun;

 

(B) Eighteen (18) years of age if the firearm is a shotgun orrifle.

 

(ii) Not have been convicted of any felony in any state,territory or other jurisdiction of the United States;

 

(iii) Not currently be adjudicated to be legally incompetent; and

 

(iv) Not have been committed to a mental institution.

 

6-8-405. Offenses and penalties; defense of Wyoming citizens.

 

(a) No public servant as defined in W.S. 6-5-101, or dealerselling any firearm in this state shall enforce or attempt to enforce any act,law, statute, rule or regulation of the United States government relating to apersonal firearm, firearm accessory or ammunition that is manufacturedcommercially or privately in Wyoming and that remains exclusively within theborders of Wyoming.

 

(b) Any official, agent or employee of the United Statesgovernment who enforces or attempts to enforce any act, order, law, statute,rule or regulation of the United States government upon a personal firearm, afirearm accessory or ammunition that is manufactured commercially or privatelyin Wyoming and that remains exclusively within the borders of Wyoming shall beguilty of a misdemeanor and, upon conviction, shall be subject to imprisonmentfor not more than one (1) year, a fine of not more than two thousand dollars($2,000.00), or both.

 

(c) The attorney general may defend a citizen of Wyoming who isprosecuted by the United States government for violation of a federal lawrelating to the manufacture, sale, transfer or possession of a firearm, afirearm accessory or ammunition manufactured and retained exclusively withinthe borders of Wyoming.

 

6-8-406. Legislative findings and declaration of authority.

 

(a) The legislature declares that the authority for W.S.6-8-402 through 6-8-406 is the following:

 

(i) The tenth amendment to the United States constitutionguarantees to the states and their people all powers not granted to the federalgovernment elsewhere in the constitution and reserves to the state and thepeople of Wyoming certain powers as they were understood at the time thatWyoming was admitted to statehood in 1890. The guaranty of those powers is amatter of contract between the state and people of Wyoming and the severalstates comprising the United States as of the time the Act of Admission wasagreed upon and adopted by Wyoming and the several states comprising the UnitedStates in 1889;

 

(ii) The ninth amendment to the United States constitutionguarantees to the people rights not granted in the constitution and reserves tothe people of Wyoming certain rights, as they were understood at the timeWyoming was admitted to statehood in 1890. The guaranty of those rights is amatter of contract between the state and people of Wyoming and the severalstates comprising the United States as of the time the Act of Admission wasagreed upon and adopted by Wyoming and the United States in 1889;

 

(iii) The regulation of intrastate commerce is vested in thestates under the ninth and tenth amendments to the United States constitution,particularly if not expressly preempted by federal law pursuant to article 1,section 8 of the United States constitution. The United States congress hasnot expressly preempted state regulation of intrastate commerce pertaining tothe manufacture on an intrastate basis of firearms, firearms accessories andammunition;

 

(iv) The second amendment to the United States constitutionreserves to the people the right to keep and bear arms as that right wasunderstood at the time the original states ratified the bill of rights to theUnited States constitution, and the guaranty of the right is a matter ofcontract between the state and people of Wyoming and the United States as ofthe time the Act of Admission was agreed upon and adopted by Wyoming and theUnited States in 1889;

 

(v) Article 1, section 24, of the Wyoming constitution securesthe right of citizens the right to keep and bear arms and this right shall notbe denied. This right predates the United States constitution and the Wyomingconstitution and is unchanged from the 1890 Wyoming constitution, which wasapproved by congress and the people of Wyoming, and the right exists, as it wasagreed upon and adopted by Wyoming and the United States in the Act ofAdmission;

 

(vi) Article 1, section 1, of the Wyoming constitution providesthat all power is inherent in the people, and all free governments are foundedon their authority, and instituted for their peace, safety and happiness; forall the advancement of these ends they have at all times an inalienable andindefeasible right to alter, reform or abolish the government in such manner asthey may think proper;

 

(vii) Article 1, section 7, of the Wyoming constitution providesthat absolute, arbitrary power over the lives, liberty and property of freemenexists nowhere in a republic, not even in the largest majority;

 

(viii) Article 1, sections 1 and 7, of the Wyoming constitutionclearly provide that the people of the state have the sole and exclusive rightof governing themselves as a free, sovereign and independent state, and do soand forever hereafter shall exercise and enjoy every power, jurisdiction and right,pertaining thereto, which is not, or may not hereafter be, by them expresslydelegated to the United States of America;

 

(ix) The declaration of independence clearly provides thatgovernment derives its power directly from the consent of the governed andWyoming affirms the language of the second paragraph of the declaration ofindependence which states "We hold these truths to be self-evident, thatall men are created equal, that they are endowed by the Creator with certaininalienable Rights, that among these are Life, Liberty and the pursuit ofHappiness. That to secure these rights, Governments are instituted among Men,deriving their just powers from the consent of the governed...".

 

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