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 authorizing him to carry a
state agency in
another state
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 authorizing him to carry a
concealed
state 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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