Please Note: The following summaries of legislation enacted during the 2004 Legislative Session were prepared by the Legal Services Division Staff for internal use by the Legislative Service Office.

This report is not an official publication of the Wyoming Legislature and does not purport to be an official statement of legislative intent concerning any measure enacted by the Legislature.

The bill summaries contained in this report were prepared as an aid to locating enacted legislation and as a brief recap of the major provisions of each bill. While the information provided in these summaries is accurate, the summaries are not intended as a detailed abstract and reference should be made to the enacted bills for more complete information.

Bill No.: SF0064 Drafter: JMC

LSO No.: 04LSO-0144.E2 Effective Date: 7/1/2004

Enrolled Act No.: SEA0024

Chapter No.: 69

Prime Sponsor: Senator Case

Catch Title: Restoration of firearm rights-expungement.

Subject: Restoring firearm rights for those convicted of misdemeanors.

Summary/Major Elements:

· Under current federal law, persons convicted of misdemeanor crimes of domestic violence may lose their firearm rights unless the rights are restored, the person is pardoned or the case is reversed, annulled or expunged.

· This bill allows persons convicted of a misdemeanor or misdemeanors arising out of the same course of events to seek expungement of the records of conviction only for the purposes of restoring any firearms rights lost under federal law, provided that:

o At least one year has passed since the expiration of the terms of sentence, including any probation or program;

o The petitioner has not previously pleaded guilty to a misdemeanor for which firearm rights have been lost; and

o The misdemeanors for which the person seeks expungement did not involve the use or attempted use of a firearm.

· In addition to establishing procedures and specifying duties, the bill grants immunity to the division of criminal investigation and prosecutors for actions, inactions or omissions under the section and specifies that:

o An expungement granted under the section may only be used for the purposes of restoring firearm rights and does not affect any enhanced penalty provisions for second or subsequent convictions of misdemeanors; and

o A person who has previously received an expungement under the section may not seek a second or subsequent expungement under the section.