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

Wyoming § 6-8-104

• Jurisdiction: Wyoming
• Title 06: Crimes and Offenses
• Ch. 8: WEAPONS
• Art. 1: WEAPONS OFFENSES

Text

(a) A person who wears or carries a concealed deadly
weapon is guilty of a misdemeanor punishable by a fine of not
more than seven hundred fifty dollars ($750.00), imprisonment in
the county jail for not more than six (6) months, or both for a
first offense, or a felony punishable by a fine of not more than
two thousand dollars ($2,000.00), imprisonment for not more than
two (2) years, or both, for a second or subsequent offense,
unless:
(i) The person is a peace officer;
(ii) The person possesses a permit under this
section;
(iii) The person holds a valid permit authorizing him
to carry a concealed firearm authorized and issued by a
governmental agency or entity in another state that recognizes
Wyoming permits and is a valid statewide permit; or
(iv) The person does not possess a permit issued
under this section, but is a resident of the United States and
otherwise meets the requirements specified in paragraphs (b)(ii)
through (vi), (viii) and (ix) of this section and possession of
the firearm by the person is not otherwise unlawful.
(b) The attorney general is authorized to issue permits to
carry a concealed firearm to persons qualified as provided by
this subsection. The attorney general shall promulgate rules
necessary to carry out this section no later than October 1,
1994. Applications for a permit to carry a concealed firearm
shall be made available and distributed by the division of
criminal investigation and local law enforcement agencies. The
permit shall be valid throughout 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 all times when
the permittee is carrying a concealed firearm and shall display
both the permit and proper identification upon request of any
peace officer. The attorney general through the division shall
issue a permit to any person who:
(i) Is a resident of the United States and has been a
resident of 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 person who holds a valid
permit authorizing him to carry a concealed firearm authorized
and issued by a governmental agency or entity in another state
that recognizes 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
prevents the safe handling of a firearm;
(iv) Is not ineligible to possess a firearm pursuant
to 18 U.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 a controlled substance, within the one (1) year
period prior to the date on which application for a permit under
this section is submitted;
(B) Convicted of a felony violation of the
Wyoming Controlled Substances Act of 1971, W.S. 35-7-1001
through 35-7-1057 or similar laws of any other state or the
United States relating to controlled substances and has not been
pardoned or had his firearm rights restored pursuant to W.S. 7-
13-105(a) or (f); or
(C) Convicted of a misdemeanor violation of the
Wyoming Controlled Substances Act of 1971, W.S. 35-7-1001
through 35-7-1057 or similar laws of any other state or the
United States relating to controlled substances within the one
(1) year period prior to the date on which application for a
permit under this section is submitted.
(vi) Does not chronically or habitually use alcoholic
liquor and malt beverages to the extent that his normal
faculties are impaired. It shall be presumed that an applicant
chronically and habitually uses alcoholic beverages to the
extent that his normal faculties are impaired if the applicant
has been involuntarily committed, within the one (1) year period
prior to the date on which application for a permit under this
section is submitted, to any residential facility pursuant to
the laws of this state or similar laws of any other state as a
result of the use of alcohol;
(vii) Demonstrates familiarity with a firearm. A
legible photocopy of a certificate of completion of any of the
courses or classes or a notarized affidavit from the instructor,
school, club, organization or group that conducted or taught the
course or class attesting to the completion of the course or
class by the applicant or a copy of any document which shows
completion of the course or class or evidences participation of
firearms competition, shall constitute evidence of qualification
under this paragraph. Any one (1) of the following activities
listed in this paragraph shall be sufficient to demonstrate
familiarity with a firearm:
(A) Completion of any certified firearm safety
or training course utilizing instructors certified by the
National Rifle Association or the Wyoming law enforcement
academy;
(B) Completion of any law enforcement firearms
safety or training course or class offered for security guards,
investigators, special deputies, or any division of law
enforcement or security enforcement;
(C) Experience with a firearm through
participation in an organized handgun shooting competition or
military service;
(D) Completion of any firearms training or
safety course or class conducted by a state certified or
National Rifle Association certified firearms instructor;
(E) Be certified as proficient in firearms
safety by any Wyoming law enforcement agency under procedures
established by that agency; or
(F) Honorable retirement as a federal or state
peace officer who 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
been found guilty of or has pled nolo contendere to one (1) or
more crimes of violence constituting a misdemeanor offense
within the three (3) year period prior to the date on which the
application is submitted or may revoke a permit if 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 the preceding three (3) years.
(d) Except as provided in subsection (cc) of this section,
the application shall be completed, under oath, on a form
promulgated by the attorney general to include:
(i) The name, address, place and date of birth of the
applicant;
(ii) A statement that, to the best of his knowledge,
the applicant is in compliance with criteria contained within
this section;
(iii) A statement that the applicant has been
furnished a copy of this section and is knowledgeable of its
provisions;
(iv) A conspicuous warning that the application is
executed under oath and that a materially false answer to any
question or the submission of any materially false document by
the applicant may result in denial or revocation of a permit and
subjects the applicant to criminal prosecution under W.S.