Eligibility concealed weapons permit.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0026

ENROLLED ACT NO. 5, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to crimes and offenses;
modifying
concealed weapons permit
eligibility
;
amending
provisions relating to
reciprocity
of concealed weapons permits
;
and providing for an effective date.

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

Section 1.

W.S. 6
‑
8
‑
104
(a)(iii)
,

(b)
(i)
,
(v)
and (vi)

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:

(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
,

and

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.

(b)

The attorney general is authorized to issue permits to carry a concealed firearm to persons qualified as provided by this subsection. The attorney general shall promulgate rules necessary to carry out this section no later than October 1, 1994. Applications for a permit to carry a concealed firearm shall be made available and distributed by the division of criminal investigation and local law enforcement agencies. The permit shall be valid throughout the state for a period of five (5) years from the date of issuance. The permittee shall carry the permit, together with valid identification at all times when the permittee is carrying a concealed firearm and shall display both the permit and proper identification upon request of any peace officer. The attorney general through the division shall issue a permit to any person who:

(
i)

Is a resident of the
United States
and has been a resident of
Wyoming
for not less than six (6) months prior to filing the application. The Wyoming residency requirements of this paragraph do not apply to any person who 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
,

and

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;

(v)

Has not been
:

(A)

C
ommitted
to a state or federal

facility for the abuse of a controlled substance
,

or

within the
one (1)
year period prior to the date on which application for a permit under this section is submitted
;

(B)

C
onvicted of a
felony

violation of the Wyoming Controlled Substances Act of 1971, W.S. 35
‑
7
‑
1001 through 35-7-1057 or similar laws of any other state or the United States relating to controlled substances

and has not been pardoned
;

or

(C)

Convicted of a
misdemeanor
violation of the Wyoming Controlled Substances Act of 1971, W.S. 35
‑
7
‑
1001 through 35
‑
7
‑
1057 or similar laws of any other state or the United States relating to controlled substances
within the
one (1)
year period prior to the date on which application for a permit under this section is submitted.

(vi)

Does not chronically or habitually use alcoholic liquor and malt beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been involuntarily committed
, within the
one (1)
year period prior to the date on which application for a permit under this section is submitted,

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;

Section 2.
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