Possession No state permit is required to possess a rifle, shotgun or handgun. MORE State law prohibits any person who has pleaded guilty to or been convicted of committing or attempting to commit a violent felony, or causing bodily injury to a peace officer engaged in the lawful performance of official duties, from using or knowingly possessing a firearm. A “violent felony” is defined to mean murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, strangulation of a household member, aircraft hijacking, arson in the first or second degree, aggravated burglary, sexual abuse of a minor in the first degree, or a third (or subsequent) domestic battery offense committed by the person. Wyo. Stat. §§ 6-8-102, 6-1-104(a)(xii) (definition of “violent felony”). The above prohibition does not apply to a person who has received a pardon for that conviction, and does not apply to use or possession of “antique firearms.” An “antique firearm” means (1) any muzzleloading firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898; or (2) any replica of such gun if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (3) a muzzleloading rifle, muzzleloading shotgun or muzzleloading pistol designed to use black powder or a black powder substitute and which cannot use fixed ammunition. “Antique firearm” does not include any weapon that incorporates a firearm frame or receiver, or any firearm that is converted into a muzzleloading weapon or any muzzleloading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. Wyo. Stat. §§ 6-8-102, 6-8-403(a)(viii) (definition of “antique firearm”). It is a felony to knowingly possess (or manufacture, transport, repair or sell) a deadly weapon with intent to unlawfully threaten the life or physical well-being of another, or to commit assault or inflict bodily injury on another. “Deadly weapon” includes a firearm (also any explosive or incendiary material, motorized vehicle, an animal or other device, instrument, material or substance, which in the manner it is used or is intended to be used is reasonably capable of producing death or serious bodily injury). Wyo. Stat. §§ 6-8-103, 6-1-104(a)(iv) (definition of “deadly weapon”). A separate state law applies to personal firearms, firearm accessories, and ammunition that have been manufactured commercially or privately in Wyoming and that remain exclusively within the borders of Wyoming. The following persons are prohibited from possessing a “firearm” (other than an “antique firearm”) covered by this law: anyone convicted of a felony in Wyoming or in any other US jurisdiction, or anyone currently be adjudicated to be legally incompetent or who has ever been committed to a mental institution. To be eligible to purchase a firearm covered by this law other than an “antique firearm,” the purchaser must meet the above requirements and be at least 21 years old if the firearm is a handgun, and at least 18 years old to purchase a shotgun or rifle. Wyo. Stat. §§ 6-8-404(a), (c) and (d); 6-8-403(a)(iii), (viii) (definitions of “firearm” and “antique firearm”). Prohibited places to possess a firearm. It is a felony to take or pass a firearm or other deadly weapon into a jail, a state penal institution, the Wyoming boys’ school, Wyoming girls’ school, the state hospital, or a correctional facility operated by a private entity, unless the person has authorization from the person in charge of the facility. Wyo. Stat. § 6-5-209(a). Students at any public school are prohibited from the possession, use, transfer, carrying or selling a firearm or other deadly weapon within any school bus or within the boundaries of real property used by the district primarily for the education of students in grades kindergarten through twelve). A violation is grounds for expulsion of up to one year. Wyo. Stat. § 21-4-306(a)(v), (c). A regulation prohibits weapons in the State Capitol building and in any buildings under the jurisdiction of the State Building Commission, although carrying of weapons by authorized law enforcement officers is allowed. The Capitol Security Police are authorized to request that any persons carrying a dangerous weapon in any State building relinquish the weapon. The weapon will be returned to the person when he/she leaves the State building, unless the Capitol Security Police determine that other law enforcement personnel should be involved. If a person carrying a dangerous weapon refuses to relinquish the weapon, he/she shall be denied access to the State Capitol building. WY Regulation 006.0012.6, § 2. For other places where the carrying of a concealed firearm is prohibited, see the section on Carrying. LESS

Purchase and Transfer No state permit is required to purchase or transfer a rifle, shotgun or handgun. MORE A person in possession of a valid concealed firearm permit issued by Wyoming is exempt from a NICS check when purchasing a firearm. The information required by federal law to be maintained on firearms shall be kept by every wholesaler, retailer, pawnbroker and dealer in firearms in the place of business of the wholesaler, retailer, pawnbroker or dealer, and shall be subject to inspection by any peace officer at all reasonable times. Wyo. Stat. § 6-8-203. Wyoming does not regulate private sales and transfers of firearms, and has no specific law regulating gun shows. LESS

Carrying State law generally makes it a crime to wear or carry a concealed deadly weapon. This does not apply to law enforcement, persons with a valid Wyoming permit to carry a concealed firearm or with a permit from a jurisdiction recognized by Wyoming, or Wyoming residents who qualify for “permitless” carry. Wyo. Stat. § 6-8-104(a). MORE Wyoming allows residents of the state to carry a concealed handgun without a permit if the resident meets the requirements in Wyo. Stat. § 6-8-104(a)(iv). To qualify for this “permitless carry” the person must: be resident in the US and a current resident of Wyoming for at least the previous six months;

be at least 21 years old and not a “prohibited person” under state or federal law;

be free from any physical infirmity which prevents the safe handling of a firearm;

not be a chronic or habitual user of alcoholic liquor/ malt beverages to the extent that his or her normal faculties are impaired;

not be currently adjudicated as legally incompetent and cannot have been committed to a mental institution;

not have been committed to a state or federal facility for the abuse of a controlled substance within the previous one-year period; and

have no convictions for any crimes under the Wyoming Controlled Substances Act of 1971, sections 35-7-1001 through 35-7-1057, or for violations of similar state or federal laws relating to controlled substances (convictions that have been pardoned, or for a misdemeanor where the conviction is more than a year old, do not count). A Wyoming resident may also apply for a concealed carry permit issued by Wyoming in order to be able to carry concealed in those states requiring a permit. Non-residents who wish to carry concealed in Wyoming must possess a permit or license issued by a state that Wyoming honors and that is a “valid statewide permit” to carry in Wyoming. Wyoming does not issue non-resident permits. Wyo. Stat. § 6-8-104(a)(iii). Open carry is legal; Wyoming respects the right of responsible citizens to openly carry a handgun. Permits to Carry. Wyoming is a “shall issue” jurisdiction. Wyo. Stat. § 6-8-104(b). State law authorizes the attorney general to issue permits to carry a “concealed firearm.” For the purposes of the permit law, “firearm” is defined as “any pistol, revolver or derringer, designed to be fired by the use of a single hand.” Wyo. Stat. § 6-8-104(y)(ii). A permit shall be issued to any applicant who submits a completed application/fee to the Division of Criminal Investigation who is: resident in the US and a current resident of Wyoming for at least the previous six months;

at least 21 years old and not a “prohibited person” under state or federal law;

free from any physical infirmity which prevents the safe handling of a firearm;

not a chronic or habitual user of alcoholic liquor/ malt beverages to the extent that his or her normal faculties are impaired;

not be currently adjudicated as legally incompetent and has not been committed to a mental institution;

has not been committed to a state or federal facility for the abuse of a controlled substance within the previous one-year period;

has no convictions for any crimes under the Wyoming Controlled Substances Act of 1971, sections 35-7-1001 through 35-7-1057, or for violations of similar state or federal laws relating to controlled substances (convictions that have been pardoned, or for a misdemeanor where the conviction is more than a year old, do not count);

demonstrates familiarity with a firearm. This can be done in any of the ways listed at Wyo. Stat. § 6-8-104(b)(vii) (see below). In addition to these eligibility requirements, a permit may be denied if the applicant has been found guilty of or has pled nolo contendere to one or more crimes of violence constituting a misdemeanor offense within the three-year period just before the date of the application. Wyo. Stat. § 6-8-104(c). The application must include the fee, be completed under oath, and include the applicant’s full set of fingerprints as taken by a law enforcement agency. Wyo. Stat. § 6-8-104(d), (e), (k). However, the sheriff of the applicant’s county of residence has the authority to recommend, in writing, the immediate issuance of a permit prior to the mandatory fingerprint processing. The written recommendation must specifically state that the sheriff has personal knowledge that the applicant is qualified to be issued a permit. Wyo. Stat. § 6-8-104(h). The sheriff may also recommend, in writing, that a permit be issued to an applicant aged between 18 and 21 years of age who otherwise meets the permit requirements. The recommendation must specifically state that the sheriff has “personal knowledge of the applicant’s situation or circumstances which warrant the issuance” of the permit. The permit may be issued “under circumstances that a reasonable, prudent person would believe warrant the issuance of a permit,” and the applicant may submit a written report containing relevant facts for consideration. Wyo. Stat. § 6-8-104(j). The attorney general has special application procedures for an applicant who is in active military service outside the state of Wyoming (or who is a military spouse residing with a person in active military service outside the state) and where the applicant otherwise meets the requirements for a permit, as outlined in Wyo. Stat. § 6-8-104(cc) (see http://wyomingdci.wyo.gov/dci-criminal-justice-information-systems-section/concealed-firearms-permits/cfp-military). The “familiarity with a firearm” requirement may be shown through a certificate of completion or a notarized affidavit attesting to the completion of: a certified firearm safety or training course utilizing instructors certified by the NRA or the Wyoming law enforcement academy; a 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; or any firearms training or safety course or class conducted by a state certified or NRA certified firearms instructor. It may also be established through participation in an organized handgun shooting competition or military service, by being certified as proficient in firearms safety by any Wyoming law enforcement agency under procedures established by that agency, or through honorable retirement as a federal or state peace officer who has a minimum of 10 years of service. Wyo. Stat. § 6-8-104(b)(vii). The sheriff of the applicant’s county of residence must submit a written report to the Division of Criminal Investigation within 30 days, with any information that the sheriff feels is pertinent to the issuance of a permit. The report must “state facts known to the sheriff” which establish reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large as a result of the applicant’s mental or psychological state, as demonstrated by a past pattern or practice of behavior, or participation in incidents involving a controlled substance, alcohol abuse, violence or threats of violence relevant to the permit qualifications. Wyo. Stat. § 6-8-104(g). The permit application must be denied or approved within 60 days; if the application is denied, the applicant must be given the reason(s) in writing. Wyo. Stat. § 6-8-104(m). A denied applicant has the right to submit additional documentation relating to the reason(s) for denial within 30 days and to have the application reconsidered. The decision on the reconsideration must be made within 20 days. An applicant whose reconsideration is denied has a right to seek review of the denial in the district court pursuant to the Wyoming Administrative Procedure Act, Wyo. Stat. §§ 16-3-101 through 16-3-115. Wyo. Stat. § 6-8-104(m)(ii). A person who has been denied a permit in Wyoming is prohibited from carrying a concealed firearm under a permit issued in another state as long as the person remains a resident of Wyoming. Wyo. Stat. § 6-8-104(m)(ii). Once issued, a permit is valid across the state for a period of 5 years, unless revoked earlier. Wyo. Stat. § 6-8-104(b). A permit must be revoked if the permittee becomes ineligible to be issued a permit under the eligibility criteria (above) or upon conviction or a plea of nolo contendere for any offense involving a controlled substance, alcohol abuse while carrying a concealed weapon, or any crime of violence. Wyo. Stat. § 6-8-104(q). Places where carrying is prohibited. Any person who is carrying pursuant to a permit (Wyoming or out-of-state recognized through reciprocity) or in compliance with the Wyoming “permitless” carry law, is prohibited from carrying a concealed handgun into: any facility used primarily for law enforcement operations or administration without the written consent of the chief administrator;

a detention facility, prison or jail;

it is a crime to carry or take any firearm or other weapon, concealed or not, into a courtroom, except a judge may carry a weapon and the presiding judge may determine who will carry a weapon in the courtroom;

any meeting of a governmental entity or any meeting of the legislature or of its committee;

a school, college or professional athletic event not related to firearms, except as allowed for certain employees by a board of trustees in each school district under Wyo. Stat. § 21-3-132;

any portion of an establishment licensed to dispense alcoholic liquor and malt beverages for consumption on the premises;

an elementary or secondary school facility, except as allowed for certain employees by a board of trustees in each school district under Wyo. Stat. § 21-3-132;

a college or university facility without the written consent of the security service of the college or university; and

any place where the carrying of a firearm is prohibited by federal or state law. Wyo. Stat. §§ 6-8-104(t); Wyo. Stat. 6-5-209(b), (c) (courtrooms). It is a felony to take or pass any firearm or other deadly weapon into a jail, a state penal institution, the Wyoming boys’ school, Wyoming girls’ school, the state hospital, or a correctional facility operated by a private entity, unless the person has authorization from the person in charge of the facility. Wyo. Stat. § 6-5-209(a). Students at any public school are prohibited from the possession, use, transfer, carrying or selling a firearm or other deadly weapon within any school bus or within the boundaries of real property used by the district primarily for the education of students in grades kindergarten through twelve). A violation is grounds for expulsion of up to one year. Wyo. Stat. § 21-4-306(a)(v), (c). A regulation prohibits weapons in the State Capitol building and in any buildings under the jurisdiction of the State Building Commission, although carrying of weapons by authorized law enforcement officers is allowed. The Capitol Security Police are authorized to request that any persons carrying a dangerous weapon in any State building relinquish the weapon. The weapon will be returned to the person when he/she leaves the State building, unless the Capitol Security Police determine that other law enforcement personnel should be involved. If a person carrying a dangerous weapon refuses to relinquish the weapon, he/she shall be denied access to the State Capitol building. WY Regulation 006.0012.6, § 2. Other obligations. When a permittee is carrying a concealed handgun they must carry valid identification along with the carry permit, and display the same when requested to do so by a peace officer. Wyo. Stat. § 6-8-104(b). A permittee must notify the Division of Criminal Investigation within 30 days after changing their permanent address. A failure to do so may result in cancellation or revocation of the permit. Wyo. Stat. § 6-8-104(o). A permittee must notify the Division of Criminal Investigation within 30 days of the loss or destruction of a permit. A permit that is lost or destroyed is automatically invalid. A failure to report the loss or destruction may result in cancellation or revocation of the permit. Replacement permits are available from the Division on payment of a fee and providing a notarized statement to the Division that the permit has been lost or destroyed. Wyo. Stat. § 6-8-104(o), (p). The Division of Criminal Investigation must maintain an automatic listing of permit holders and pertinent information, and the information shall be available on-line, upon request, and at all times to Wyoming law enforcement agencies. Wyo. Stat. § 6-8-104(n). However, no list or other record maintained by the Division or other law enforcement agency that identifies an individual applicant or permittee is a public record. Applications, listings and other records maintained pursuant to the permit law which identify an individual must be made available to other law enforcement agencies for purposes of conducting official business. Wyo. Stat. § 6-8-104(bb) LESS

Antiques and Replicas An “antique firearm” is defined as (1) any muzzleloading firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898; or (2) any replica of such gun if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (3) a muzzleloading rifle, muzzleloading shotgun or muzzleloading pistol designed to use black powder or a black powder substitute and which cannot use fixed ammunition. “Antique firearm” does not include any weapon that incorporates a firearm frame or receiver, or any firearm that is converted into a muzzleloading weapon or any muzzleloading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. Wyo. Stat. § 6-8-403(a)(viii). MORE The state law prohibiting the possession and purchase of “firearms” by certain convicted felons, persons who are under a current adjudication as legally incompetent or who have ever been committed to a mental institution, and those who do not meet age requirements, do not apply to “antique firearms.” Wyo. Stat. §§ 6-8-102, 6-8-404(a), (c) and (d). LESS

Assault Weapons, Machine Guns, Magazines, Ammunition Wyoming has no law regulating “assault weapons” or “large capacity” magazines. It does not regulate or prohibit ammunition by type or caliber. MORE Wyoming law does not prohibit the lawful possession of machine guns – it is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations. A state law that applies to personal firearms, firearm accessories, and ammunition manufactured commercially or privately in Wyoming and that remain exclusively within the borders of Wyoming, defines a “firearm” to exclude “any fully automatic weapon or any weapon designed to fire a rocket propelled grenade or any explosive projectile.” Wyo. Stat. §§ 6-8-402 to 6-8-406; 6-8-403(a)(iii) (definition of “firearm”). State law on hunting prohibits taking any wildlife with “any fully automatic weapon,” and makes it a separate crime to use any suppressor when committing violations of state law on taking certain game animals without license or during a closed season, taking a big or trophy game animal out of season, wantonly taking or destroying any big or trophy game animal, or when entering on private property to hunt or trap without permission. Wyo. Stat. §§ 23-3-112(a), (c); 23-1-102(a)(vii) (definition of “take” as including hunting or attempting to hunt). LESS

Preemption The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the state. MORE The state preemption law at Wyo. Stat. § 6-8-401(c) reads that “the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the state… no city, town, county, political subdivision 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 state law. Exceptions to the preemption law include: zoning or other ordinances which encompass firearms businesses along with other businesses, although ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer or manufacture of firearms or ammunition as a method of regulating firearms or ammunition violate the preemption law and are prohibited.

the authority of cities and towns to prevent or suppress riots, disturbances, disorderly assemblies or parades, or any other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place, as authorized by Wyo. Stat. § 15-1-103(a)(xviii).

the authority of the board of trustees in each school district to adopt rules and regulations, in consultation with law enforcement, to allow the possession of firearms, by employees with a valid concealed carry permit, on or in any property or facility owned or leased by the school district, pursuant to Wyo. Stat. § 21-3-132. A separate law on the powers of the governor and the state office of homeland security in emergency response and management restricts the governor, the director, the executive heads or governing bodies of the political subdivisions of the state, sheriffs, chiefs of police, or any employee or agent of the state or any governmental unit from (1) imposing additional restrictions on the lawful possession, transfer, sale, carrying, storage, display or use of firearms, ammunition, or components of firearms or ammunition, or (2) confiscating a firearm from a person, unless the firearm is unlawful possessed, the person is unlawfully carrying the firearm, or the gun is confiscated by a peace officer acting under the reasonable belief that the confiscation is necessary for the protection of the officer, the person carrying the firearm or a third party. The officer must return the firearm to the person before discharging the person unless the officer arrests that person for engaging in criminal activity or seizes the firearm as evidence pursuant to an active criminal investigation. Wyo. Stat. § 19-13-104(e). LESS

Restoration of Rights Wyoming does not currently have a process to allow restoration of firearm rights for persons under a mental health-based firearm disability. Gun rights lost due to criminal convictions may be restored by pardon or expungement of criminal records. MORE Firearm disability arising from criminal conviction. Any person who has plead guilty to or has been convicted of committing or attempting to commit a “violent felony,” or a felony offense of causing or attempting to cause bodily injury to a peace officer engaged in lawful performance of official duties, is prohibited from possessing a “firearm.” An amendment to this law in 2017 provided that a “firearm” under this prohibition does not include an “antique firearm,” as defined in Wyo. Stat. § 6-8-403(a)(viii). A “violent felony” means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, strangulation of a household member, aircraft hijacking, arson in the first or second degree, aggravated burglary, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, a third or subsequent domestic battery. Wyo. Stat. §§ 6-8-102(a) and (b), 6-1-104(a)(xii) (violent felony defined). Pardons are granted at the discretion of the governor. As of August 2020, the governor’s webpage does not have information posted about pardons, so additional information may be available by contact the governor’s office: https://governor.wyo.gov/ Criminal records may also be expunged. The procedure respecting felony convictions is found at Wyo. Stat. § 7-13-1502. Not all convictions are eligible. Under Wyo. Stat. § 7-13-1502(m), an expungement of felony records “shall restore any rights removed as a result of the conviction for which the expungement has been granted.” Misdemeanants may apply for expungement pursuant to Wyo. Stat. § 7-13-1501, which requires that the offense not be one that involved the use or attempted use of a firearm, and that the time specified in the section (one or five years) has passed since completion of sentence, probation or any program ordered by the court. This is a complex area; we recommend you consult an attorney for advice regarding any specific case. For general information on restoration of rights, see the state and federal pages at https://ccresourcecenter.org/restoration. LESS

Range Protection Range operators and users are generally protected from civil or criminal liability arising from a claim of noise or noise pollution. MORE “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting. Wyo. Stat. § 16-11-101(a). Persons or entities that operate or use a sport shooting range are protected from civil liability or criminal prosecution “in any matter relating to noise or noise pollution resulting from the operation or use of the range” if the range is in compliance with any noise control laws or ordinances that applied to the range and its operations at the time the construction or operation of the range was approved by a local government. Wyo. Stat. § 16-11-102(a). Persons or entities that operate or use a sport shooting range are not subject to an action for nuisance, and a state court must not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operations at the time construction or operation of the range was approved by a local government. Wyo. Stat. § 16-11-102(b). Any rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level in the outdoor atmosphere shall not apply to a sport shooting range that is exempted from liability as indicated above. Wyo. Stat. § 16-11-102(c). The shooting range protection law does not prohibit a local government from regulating the location and construction of a sport shooting range after February 16, 1995. Wyo. Stat. § 16-11-103. LESS