Concealed weapons-retired law enforcement.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0364.L2
DRAFT ONLY

DRAFT
ONLY
NOT APPROVED FOR INTRODUCTION

SENATE FILE
NO.

Concealed weapons-retired law enforcement.

Sponsored by:
Senator(s)
Rothfuss

A BILL

for

AN ACT relating to
firearms; authorizing retired
Wyoming

peace officers to carry concealed
firearms
as specified;

authorizing retired law enforcement officers of other jurisdictions to carry concealed firearms as specified; providing for
rulemaking and establishing requirements
;
and providing for an effective date.

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

Section 1.
W.S.
6
‑
8
‑
10
4
(a)(ii) and by creating new paragraph
s
(iv)
and (v)
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

he
meets the requirements of one (1) of the following
:

(ii)

The person possesses a permit under this section;
or

(iv)

The person is a retired
peace
officer
meeting the requirements of this paragraph:

(
A
)

The
person
shall have retired in good standing from service with a public agency within th
is state
a
s a
pe
ace officer
under W.S. 9
‑
1
‑
701 through 9
‑
1
‑
709
. Retirement for mental instability shall not be considered as retired in good standing;

(
B
)

The
person
shall have been employed for an aggregate of at least fifteen (15) years as a
peace officer
or retired as a
peace
officer due to a service connected disability;

(
C
)

The
person
shall have been authorized by law to carry a firearm and engage in the prevention, detection, investigation or prosecution of, or the incarceration of any person for any violation of law and had the statutory power of arrest;

(
D
)

The
person
has a nonfor
f
eitable right to benefits under the retirement plan of the public agency;

(E)

During the most recent twelve (12) month period the person has met the standards for tra
i
ning and qualification
established pursuant to W.S. 9
‑
1
‑
701 to 9
‑
1
‑
709
for peace officers to carry firearms
;

(F)

The person shall carry a
retirement or disability identification card
issued pursuant to W.S.
9
‑
1
‑
709
when carrying the concealed firearm;

(
G
)

The
person is
not
under the influence of
alcohol
or another intoxicating or
hallucinatory
drug or substance
;

(
H
)

The person i
s
not
prohibited by federal law or W.S. 6
‑
8
‑
102 from possessing a firearm
;

(J)

As used in this paragraph "peace officer" means those persons specified in W.S.
7
‑
2
‑
101(a)(iv) who have qualified pursuant to
W.S. 9
‑
1
‑
701 through 9
‑
1
‑
707
.

(v)

The person is a retired
law enforcement officer of another state and is
authorized to
carry concealed firearms under the laws of another state or the federal government and the jurisdiction is specified by rule of the attorney general as meeting the requirements of this paragraph.
The attorney general shall promulgate rules necessary to carry out this section no later than October 1, 2011.
The rules shall:

(A)

List those state and federal jurisdictions
which are found by the attorney general to:

(I)

By law, a
uthorize
r
etired law enforcement officers to carry concealed firearms; and

(II)

Contain requirements
in law
,
or rule adopted pursuant thereto
,
which substantially
meet the
requirements
of paragraph (iv) of this subsection.

Section
3
.
This act is effective July 1, 2011.

(END)

1