Concealed weapons authority-2.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0010.E1

HOUSE BILL
NO.
HB0078

Concealed weapons authority-2.

Sponsored by:
Representative(s)
Hinckley
, Brechtel, Davison, Diercks, Gingery, Illoway,
McOmie,
Pedersen, Quarberg, Semlek, Simpson and Watt and Senator(s) Case, Coe, Geis and Ross

A BILL

for

AN ACT relating to concealed weapons; authorizing the carrying of concealed weapons by nonfelons as specified; providing limitations; restricting felons from carrying concealed weapons as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 6
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8
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105 is created to read:

6
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8
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105.

Wearing or carrying concealed weapons; nonpermit holders; violations, penalties.

(a)

To carry a concealed deadly weapon without a permit under W.S. 6
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8
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104(a)(iv), a person shall:

(i)

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

(ii)

Not suffer from a physical infirmity which prevents the safe handling of a firearm;

(iii)

Not have been found ineligible to possess a firearm pursuant to 18 U.S.C. section 922(g) and not have been convicted of any felony in any state, territory or other jurisdiction of the United States;

(iv)

Not have been committed to a state or federal facility for the abuse of a controlled substance or convicted of a violation of the Wyoming Controlled Substances Act of 1971, W.S. 35
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7
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1001 through 35
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1057 or similar laws of any other state or the
United States
relating to controlled substances. It shall be presumed under this section that a person chronically and habitually uses controlled substances to the extent that his normal faculties are impaired if the person has been required to undergo treatment for the use of a controlled substance within the last six (6) years;

(v)

Not chronically or habitually use alcoholic liquor or malt beverages to the extent that his normal faculties are impaired. It shall be presumed under this section that a person chronically and habitually uses alcoholic liquor or malt beverages to the extent that his normal faculties are impaired if the person has been involuntarily committed 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;

(vi)

Have been a resident of the state for at least six (6) months before carrying a concealed deadly weapon under this section.

(b)

Whenever a person carrying a concealed deadly weapon under this section is stopped, detained, questioned or addressed in person by a peace officer, he shall immediately inform the peace officer that he is carrying a concealed deadly weapon under this section. The peace officer may secure the concealed deadly weapon, or direct that it be secured, during the duration of the contact between the person and the peace officer if the peace officer determines that the action is necessary for the safety of any person present, including the peace officer.

(c)

A person shall not carry a concealed deadly weapon under this section into any location specified in W.S. 6
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8
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104(t).

Section 2.
W.S. 6
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8
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104(a)(ii), (iii)
,
by creating a new paragraph (iv) and (t) by creating a new paragraph (xii) is amended to read:

6
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8
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104.

Wearing or carrying concealed weapons; penalties; exceptions; permits.

(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, unless:

(ii)

The person possesses a permit under this section;
or

(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, is a valid statewide permit, and the state has laws similar to the provisions of this section, as determined by the attorney general, including a proper background check of the permit holder
;
.

or

(iv)

The person is not ineligible to possess a firearm under 18 U.S.C. section 922(g)
has not been convicted of any felony in any state, territory or other jurisdiction of the United States
and has not otherwise been denied a permit under this section, provided the person is twenty-one (21) years of age or older and complies with W.S. 6
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8
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105.

(t)

No permit issued pursuant to this section or any permit issued from any other state shall authorize any person to carry a concealed firearm into:

(xii)

Any place of business where the owner or employer has provided or prominently posted a notice prohibiting the carrying of concealed firearms
.

Section 3.
This act is effective July 1, 2006.

(END)

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HB0078