Bill No.: SF0070                  Drafter:  DKG

LSO No.:  09LSO-0411              Effective Date:  2/24/2009

Enrolled Act No.:  SEA0010

Chapter No.:       19

Prime Sponsor:     Senator Case

Catch Title:       Loss of firearms rights-protections.

Subject:  Loss of firearms rights – advisement of consequences and representation by public defender.

Summary/Major Elements:

· In recent years state and federal laws have been amended or created to provide for a loss of firearms rights under federal law for misdemeanor domestic violence cases as defined by state law.

· In 2004 the legislature provided for a limited expungement of records to allow restoration of firearms rights lost as a result of a misdemeanor convicting.  (W.S. 7-13-1501).  A federal district court held that this limited expungement of records was insufficient to meet federal law requirements in the context of the required background checks for issuance of concealed weapons permits.

· This act addresses the general issue by requiring that before a judgment of conviction may be entered upon a guilty plea or plea of nolo contendere to a charge which might result in loss of the right to possess a firearm, the defendant must be advised of that potential and, if he is engaged in an occupation requiring the carrying or possession of a firearm, of the potential that he might not lose the right to engage in that occupation.

· The act also expands the right to public defender representation to misdemeanor cases which can result in the loss of the right to possess a firearm.

Comments:

HB 106 (HEA 28) addresses the specific issue of the expungement statute referenced above.  (W.S. 7-13-1501)