Concealed weapons.

WORKING DRAFT
2006
STATE OF WYOMING
06LSO-0160.E1

HOUSE BILL
NO.
HB0088

Concealed weapons.

Sponsored by:
Representative(s) McOmie, Brown, Martin, Reese and White and Senator(s) Case and Decaria

A BILL

for

AN ACT relating to crimes and offenses; providing that the offense of wearing or carrying a concealed weapon requires that the weapon be on the defendant's person; authorizing the carrying of concealed weapons in vehicles under specified conditions; providing a grace period for renewal of a concealed weapon permit for returning military personnel 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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104(a)(intro), (ii), (iii), by creating a new paragraph (iv) and (s) 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
on his person
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 age eighteen (18) years or older and possesses a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a permit, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. For purposes of this paragraph, "securely encased" means in a glove compartment, snapped in a holster, in a gun case, in a zippered gun case or in a closed box or container which requires a lid or cover to be opened for access.
A person knowingly carrying a concealed firearm or other weapon under this paragraph who is stopped, detained, questioned or addressed in person by a peace officer, shall immediately inform the peace officer that he is carrying a concealed firearm or other weapon. The peace officer may take custody of the concealed firearm or other weapon 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.

(s)

The permittee may renew his permit on or before the expiration date by filing with the sheriff of the applicant's county of residence the renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the criteria specified in this section, and the required renewal fee. The permit shall be renewed to a qualified applicant upon receipt of the completed renewal application, appropriate payment of fees and the division shall verify that the criminal history information available to the division does not indicate that possession of a firearm by the applicant would constitute a violation of state or federal law. A permittee who fails to file a renewal application on or before its expiration date shall renew his permit by paying 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 be permanently expired
, except that a permittee on active military duty outside the continental United States when his permit expires may file a renewal form without a late fee within ninety (90) days of returning to the continental United States
. A person whose permit has permanently expired may reapply for a permit pursuant to subsections (b) through (e) of this section.

Section 2.

This act is effective July 1, 2006.

(END)

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HB0088