ORIGINAL SENATE                                  ENGROSSED

FILE   NO.  0106

 

ENROLLED ACT NO. 29,  SENATE

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

AN ACT relating to crimes and offenses; providing for
permits to carry a concealed firearm as specified;
modifying provisions relating to a concealed firearm permit
from another state; specifying information relating to
concealed weapons permits which is public record;
specifying applicability of provisions relating to public
records; 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), (m)(ii) and
by creating a new subsection (bb) 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 from a
state agency in another state
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
.

 

(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

 

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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 from a state agency in another
state
authorizing him to carry a concealed weapon 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
;

 

(m)  The division shall, within sixty (60) days after
the date of receipt of the items listed in subsection (e)
of this section, either:

 

(ii)  Deny the application based on the ground
that the applicant fails to qualify under the criteria
listed in this section or upon reasonable grounds for
denial specified under subsection (g) of this section. If
the division denies the application, it shall notify the
applicant in writing, stating the grounds for denial and
informing the applicant of a right to submit, within thirty

 

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(30) days, any additional documentation relating to the
grounds of denial. Upon receiving any additional
documentation, the division  shall reconsider its decision
and inform the applicant within twenty (20) days of the
result of the reconsideration. The applicant shall further
be informed of the right to seek review of the denial in
the district court pursuant to the Wyoming Administrative
Procedure Act, W.S. 16-3-101 through 16-3-115. No person
who is denied a permit under this section shall carry a
concealed firearm under a permit issued in another state,
so long as he remains a resident of this state, and he
remains ineligible for a permit in this state.

 

(bb)  No list or other record maintained by the
division or other law enforcement agency pursuant to this
section, which identifies an individual applicant or
permittee shall be considered a public record.
Applications, listings and other records maintained
pursuant to this section which identify an individual shall
be made available to other law enforcement agencies for
purposes of conducting official business. The statistical
report provided pursuant to subsection (z) of this section
shall be a public record.

 

Section 2.  The provisions of W.S. 6-8-104(bb) shall
apply retroactively to all records regarding the
application and issuance of permits regarding concealed
firearms under this section.

 

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Section 3.  This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.

 

(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

 

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