Concealed weapon authority.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0333.E1

HOUSE BILL
NO.
HB0113

Concealed weapon authority.

Sponsored by:
Representative(s) Quarberg, Brechtel, Buchanan, Davison, Diercks, Gingery, Illoway, Jaggi, Semlek, Simpson, Wallis and Zwonitzer, Dn. and Senator(s) Case, Coe,
Jennings
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 and others 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
‑
8
‑
105 is created to read:

6
‑
8
‑
105.

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

(a)

To carry a concealed deadly weapon without a permit under W.S. 6
‑
8
‑
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 W.S. 35
‑
7
‑
1001 through 35
‑
7
‑
1059 or similar laws of any other state or the
United States
relating to controlled substances;

(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
;

(vii)

Not currently be adjudicated as legally incompetent;

(viii)

Not have been committed to a mental institution;

(ix)

Have familiarity with deadly weapons by completing any of the following:

(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)

Certification 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.

(b)

Whenever a person carrying a concealed deadly weapon under this section is stopped
or
detained by a peace officer, he shall
,

upon request,
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
stop or detention
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
‑
8
‑
104(t).

Section 2.

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

6
‑
8
‑
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 meets the requirements of W.S. 6
‑
8
‑
105.

Section 2.

This act is effective July 1, 20
10
.

(END)

1
HB0113