Loss of firearms rights-protections.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0070

ENROLLED ACT NO. 10, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to crimes and criminal procedure;
requiring advisement of potential loss of firearms rights prior to conviction upon a plea of guilty or nolo contendere;
providing for public defender representation
for misdemeanor cases in which firearms rights are subject to loss;
a
nd providing for an effective date.

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

Section 1.

W.S. 7
‑
11
‑
507 is created to read:

7
‑
11
‑
507.

Advisement of loss of firearms rights upon conviction.

(a)

No judgment of conviction shall be entered upon a plea of guilty or nolo contendere to any charge which may result in the disqualification of the defendant to possess firearms pursuant to the provisions of 18 U.S.C.
§
§ 922(g)
(1), (
9) and 924(a)(2) or other federal law unless the defendant was advised in open court by the judge:

(i)

Of the collateral consequences that may arise from that conviction pursuant to the provisions of 18 U.S.C. §§ 921(a)(33), 922(g)
(1),
(9) and 924(a)(2); and

(ii)

That if the defendant is a peace officer, member of the armed forces, hunting guide, security guard or
engaged
in any other profession or occupation requiring the carrying or possession of
a
firearm, that he may now, or in the future, lose the right to engage in that profession
or occupation
should he be convicted.

Section 2.

W.S. 7
‑
6
‑
102(a)(v)
is amended to read:

7
‑
6
‑
102.

Definitions.

(a)

As used in this act:

(v)

"
Serious crime
"
means
:

(A)

A
ny felony or misdemeanor under the laws of the state of Wyoming for which incarceration as a punishment is a practical possibility, provided, however, that counsel need not be appointed for a misdemeanor if the judge, at the initial appearance, determines and states on the record that he will not sentence the defendant to any period of imprisonment if the defendant is convicted of the misdemeanor;
and

(B)

A
ny misdemeanor offense charged under W.S. 6
‑
2
‑
501, or any other provision, a conviction of which is a
"
misdemeanor crime of domestic violence
"
as defined in 18 U.S.C. § 921(a)(33), and which may therefore result in the disqualification of the person to possess firearms pursuant to the provisions of 18 U.S.C.
§
§
922(g)(9) and 924(a)(2), regardless of the determination of the judge that he intends not to impose a term of incarceration for the state offense.

Section
3
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1