Wyoming Joins the Ranks of Constitutional Carry

Wyoming Capitol
While Wyoming has never regulated the open carry of a firearm, concealed carry was regulated and required a permit issued by the state.  But not anymore.  Wyoming’s ‘Constitutional Carry’ bill went into effect today propelling Wyoming into the elite group of states that allow citizens to carry a concealed firearm without requiring a permit in order to do so.

The bill (SF0047), sponsored by Senator Kit Jennings (R – Casper), allows any Wyoming citizen who would otherwise qualify for a concealed carry permit to carry a concealed firearm without a permit if they choose.  However, the bill  wisely preserves the existing permit system for those who wish to avail themselves of the benefits offered by the state issued permit such as reciprocity with other states or immunity from the federal Gun Free School Zones Act.

In order to carry a concealed firearm under the new law, a Wyoming citizen must:

  • Be a legal resident of the United States
  • Have been a resident of Wyoming for at least 6 months
  • Be at least 21 years of age
  • Must  be physically able to safely handle a firearm
  • Must not be prohibited from possessing a firearm under federal law
  • Cannot have been committed to a mental institution
  • Cannot have been adjudicated mentally incompetent
  • Cannot have been committed for abuse of a controlled substance within the last year
  • Cannot have been convicted of a misdemeanor controlled substance change within the last year
  • Cannot be a chronic or habitual drunkard

As noted above however, there are a number of reasons that Wyoming citizens may wish to maintain their concealed carry permits.  The first of these is the fact that 33 states recognize the Wyoming permit and Wyoming citizens who travel may use their Wyoming permit to carry concealed in those states.  The 33 states are:

North Carolina
North Dakota
New Hampshire
New Mexico
South Carolina
South Dakota
West Virginia

The other reason that Wyoming residents might wish to maintain their permit is to immunize themselves from the effects of the federal Gun Free School Zones Act.  The original act, struck down as unconstitutional in Lopez, was reenacted and is currently still in effect at 18 U.S.C. § 922 (q).  Section (2)(B) of this act provides that:

Subparagraph (A) does not apply to the possession of a firearm

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

While several other states introduced legislation this session to move to a constitutional carry model, only Wyoming passed the legislation in 2011.  This now leaves 4 states with full constitutional carry.

Constitutional Carry Map

Congratulations Wyoming!

About John Pierce

Monachus Lex is written by Virginia attorney John Pierce. John is a life-long gun rights advocate, an NRA certified instructor and co-founder of the nationwide gun rights group OpenCarry.org.

He has an undergraduate degree in Computer Information Systems, an MBA from George Mason University and is a 2012 Honors Graduate of Hamline University School of Law in St. Paul, MN.

Professionally, John is a member of the American Bar Association Second Amendment Civil Rights Litigation Subcommittee and his writings have been published by the ABA Civil Rights Litigation Committee and the ABA Minority Trial Lawyer Committee.

In addition, his open carry advocacy has been featured on Nightline and The Daily Show With Jon Stewart.
This entry was posted in Concealed Carry, Constitutional Carry, State Laws, Wyoming. Bookmark the permalink.

3 Responses to Wyoming Joins the Ranks of Constitutional Carry

  1. MKEgal says:

    I disagree that WY has “full Constitutional Carry”. I’d call it CC lite, because it doesn’t apply to all citizens as the other 3 states do, only to WY residents (who have been there 6 mo).
    But they’re still freer than most other states, & I’m happy for them!

    • Woodchuck says:

      Right on MKEgal. No state yet fully understands “Constitutional” carry, nor will they until they understand 4 simple words, “shall not be infringed”.

  2. A. Bouchard says:

    @KEgal – But I will argue that Wyoming is more constitutional. Since Alaska and Arizona have direct infringements, for example if you do not inform a police officer you have just been criminalized. Also if the officer wants to hold your gun during a traffic stop in those states they can also do that. In Alaska they are going a bit further by running your gun through a database check, putting you a keystroke away from gun registration. So, I politely disagree with your charge. For us it was ‘first’ about getting good policy that protects the rights of citizens. Much easier to change a resident requirement than a usurpation of the 4th and 5th Amendments that were slid in by the opposition during a mad dash for the second amendment.

Leave a Reply

Your email address will not be published. Required fields are marked *