SF0106 - Concealed firearms permits.
|
2001 |
State of Wyoming |
01LSO-0243 |
SENATE FILE NO. SF0106
Concealed firearms permits.
Sponsored by: Senator(s) Harris, Boggs, Job, Roberts and
Youngbauer and
Representative(s) Luthi,
McOmie, Nelson,
Rose and Simons
A BILL
for
1 AN ACT relating to
crimes and offenses; providing for
2
permits to carry a concealed firearm as specified;
3
modifying provisions relating to a concealed firearm permit
4
from another state; specifying information relating to
5
concealed weapons permits which is public record; and
6
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 6-8-104(a)(iii), (b)(i), (m)(ii) and
11 by creating a new subsection (bb) is
amended to read:
12
13 6-8-104. Wearing or carrying
concealed weapons;
14 penalties; exceptions; permits.
15
Page 1
1 (a) A person
who wears or carries a concealed deadly
2
weapon is guilty of a misdemeanor punishable by a fine of
3 not
more than seven hundred fifty dollars ($750.00),
4
imprisonment in the county jail for not more than six (6)
5
months, or both, unless:
6
7 (iii) The person
holds a valid permit from a
state agency in another state authorizing
him to carry a
9 concealed
firearm issued by an authorized agency or entity
10 in another state
which recognizes Wyoming permits, is a
11 valid statewide
permit, and the state has laws similar to
12 the provisions of
this section, as determined by the
13 attorney general,
including a proper background check of
14 the permit holder.
15
16 (b) The
attorney general is authorized to issue
17 permits to carry a concealed firearm to
persons qualified
18 as provided by this subsection. The attorney
general shall
19 promulgate rules necessary to carry out this
section no
20 later than October 1, 1994. Applications for
a permit to
21 carry a concealed firearm shall be made
available and
22 distributed by the division of criminal
investigation and
23 local law enforcement agencies. The permit
shall be valid
24 throughout the state for a period of five
(5) years from
Page 2
1 the
date of issuance. The permittee shall carry the permit,
2
together with valid identification at all times when the
3
permittee is carrying a concealed firearm and shall display
4
both the permit and proper identification upon request of
5 any
peace officer. The attorney general through the
6
division shall issue a permit to any person who:
7
8 (i) Is a
resident of the United States and has
9
been a resident of Wyoming for not less than six (6) months
10 prior to filing the application. The Wyoming
residency
11 requirements of this paragraph do not apply
to any person
12 who holds a valid permit from a state agency in another
state authorizing
him to carry a concealed weapon firearm
14 issued by an
authorized agency or entity in another state
15 which recognizes
Wyoming permits, is a valid statewide
16 permit, and the
state has laws similar to the provisions of
17 this section, as
determined by the attorney general,
18 including a
proper background check of the permit holder;
19
20 (m) The
division shall, within sixty (60) days after
21 the date of receipt of the items listed in
subsection (e)
22 of this section, either:
23
Page 3
1 (ii) Deny the
application based on the ground
2
that the applicant fails to qualify under the criteria
3
listed in this section or upon reasonable grounds for
4
denial specified under subsection (g) of this section. If
5 the
division denies the application, it shall notify the
6
applicant in writing, stating the grounds for denial and
7
informing the applicant of a right to submit, within thirty
8
(30) days, any additional documentation relating to the
9
grounds of denial. Upon receiving any additional
10 documentation, the division shall reconsider its decision
11 and inform the applicant within twenty (20)
days of the
12 result of the reconsideration. The applicant
shall further
13 be informed of the right to seek review of
the denial in
14 the district court pursuant to the Wyoming
Administrative
15 Procedure Act, W.S. 16-3-101 through 16-3-115.
No person
16 who is denied a
permit under this section shall carry a
17 concealed firearm
under a permit issued in another state,
18 so long as he
remains a resident of this state, and he
19 remains
ineligible for a permit in this state.
20
21 (bb) No list or other record maintained by the
22 division
or other law enforcement agency pursuant to this
23 section,
which identifies an individual applicant or
24 permittee
shall be considered a public record.
Page 4
1 Applications, listings and other records maintained
2 pursuant to this section which
identify an individual shall
3 be made available to other law
enforcement agencies for
4 purposes of conducting official
business. The statistical
5 report provided pursuant to subsection
(z) of this section
6 shall be a public record.
7
8 Section 2. This act is effective immediately upon
9
completion of all acts necessary for a bill to become law
10 as provided by Article 4, Section 8 of the
Wyoming
11 Constitution.
12
13 (END)
Page 5