Wyoming Firearm Bills, Laws, History, Gun Manufacturers & Other Sundries
“The Wyoming legislature finds that the right to keep and bear arms is a fundamental right. The Wyoming legislature affirms this right as a constitutionally protected right in every part of Wyoming.“
Wyoming State Statute 6-8-401(a)
As it is in most parts of our nation, the right to keep and bear arms is both a fundamental right and fundamental value in Wyoming. These rights however have been challenged for decades – and as a result some Wyoming legislators (not all) are determined to strengthen and fortify our right to defend ourselves, our families and our property with our firearms. Plus we have ample hunting opportunities as well. WTC does not claim to be scholars on the 2nd Amendment, but we have observed the lack of a database on Wyoming Firearm laws and legislative history. Thus, this is what we attempt to provide here – we will continue to add items of interest to this page with the end goal of educating WY citizens, and also celebrating our 2nd Amendment rights.
BILLS
Updates on 2021 Bills
| HB0117 Repeal gun free zones and preemption amendments-3. | Mirror bill to SF0067. This bill is dead. 3/8: H Did Not Consider for Introduction |
| SF0067 Repeal gun free zones and preemption amendments ENGROSSED BILL |
Mirror bill to HB0117. 3/22: H Introduced and Referred to H04 – Education |
| HB0124 Second Amendment Preservation Act-2. | Mirror bill to SF0081. This bill is dead. 3/22: H No report prior to CoW Cutoff |
| SF0081 Second Amendment Preservation Act. | Mirror bill to HB0124. 3/24: S 3rd Reading:Passed 24-6-0-0-0 Bill has amendments – ck for engrossed bill when it goes to House. |
| HB0116 Concealed carry-residency requirement-2 | 3/18: S Introduced and Referred to S01 – Judiciary |
| HB0214 Firearms in private vehicles. | This bill is dead. 3/8: H Did Not Consider for Introduction |
| HB0236 Firearms transactions-financial discrimination. ENGROSSED BILL |
3/22: S Introduced and Referred to S01 – Judiciary |
| SF0137 Firearms preemption-amendments and applicability | This bill is dead. 3/22: S COW:S Did not consider for COW |
| SF0155 Limiting firearm seizure and regulation during emergencies ENGROSSED BILL |
3/23: H Placed on General File |
2021 Firearms Related Bills (Cheat sheet)
FIREARM LAWS
United States Constitution Second Amendment
WY State Constitution on Firearms
UNDERSTANDING STATE PREEMPTION
HISTORY
Past WY Firearms Legislation (From 2001 to 2020)
MADE IN WYOMING
OTHER SUNDRIES
Shooting Ranges in Wyoming
Misc Items of Interest
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United States Constitution Second Amendment
WY FIREARM LAWS
United States Constitution – Second Amendment
Amendment 2 – Right to Bear Arms. Ratified 12/15/1791
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Wyoming Constitution
1-024. Right to bear arms.
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
17-001. Of whom militia constituted.
The militia of the state shall consist of all able-bodied qualified residents of the state, and those nonresidents who are accepted into service, between the ages of seventeen (17) and seventy (70) years; except those exempted by the law of the United States or of the state. But all residents having scruples of conscience averse to bearing arms shall be excused therefrom upon conditions as shall be prescribed by law.
WY State Statutes
TITLE 6 – CRIMES AND OFFENSES
CHAPTER 8 – WEAPONS
Article 1 – Weapons Offenses
6-8-104. Wearing or Carrying concealed weapons; penalties; exceptions; permits.
Article 2 – Firearms Regulation
6-8-203. Firearms information to be kept in place of business; inspection by peace officer.
Article 3 – Rifles and Shotguns (Repealed)
Article 4 – Regulation By State
6-8-401. Firearm, weapon and ammunition regulation and prohibition by state.
6-8-402. Short title; applicability. (“Wyoming Firearms Freedom Act”)
6-8-405. Offenses and penalties; defense of Wyoming citizens.
6-8-406. Legislative findings and declaration of authority.
WY Self Defense Laws
6-1-204. Immunity from civil action for justifiable use of force; attorney fees.
6-2-602. Use of force in self defense. (Castle Doctrine)
UNDERSTANDING PREEMPTION by Ballotpedia
Preemption – Legal Definition (The Free Dictionary)
A doctrine based on the Supremacy Clause of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law.
A doctrine of state law that holds that a state law displaces a local law or regulation that is in the same field and is in conflict or inconsistent with the state law.
Article VI, Section 2, of the U.S. Constitution provides that the “… Constitution, and the Laws of the United States … shall be the supreme Law of the Land.” This Supremacy Clause has come to mean that the national government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. The federal preemption doctrine is a judicial response to the conflict between federal and state legislation. When it is clearly established that a federal law preempts a state law, the state law must be declared invalid.
A state law may be struck down even when it does not explicitly conflict with federal law, if a court finds that Congress has legitimately occupied the field with federal legislation. Questions in this area require careful Balancing of important state and federal interests. Problems arise when Congress fails to make its purpose explicit, which is often the case. The court must then draw inferences based on the presumed objectives of federal law and the supposed impact of related State Action.
The federal right to regulate interstate commerce under the Commerce Clause of the U.S. Constitution has resulted in federal preemption of state labor laws. Likewise, the Supreme Court, in Burbank v. Lockheed Air Terminal, 411 U.S. 624, 93 S. Ct. 1854, 36 L. Ed. 2d 547 (1973), declared that state and local laws that interfere with comprehensive federal environmental laws and regulations are invalid. In California v. Federal Energy Regulatory Commission, 495 U.S. 490, 110 S. Ct. 2024, 109 L. Ed. 2d 474 (1990), the Supreme Court held that state regulations imposing minimum flow rates on rivers used to generate hydroelectric power were preempted by the Federal Power Act (16 U.S.C.A. § 791 et seq. [1933]). In Mississippi Power and Light Company v. Mississippi ex rel. Moore, 487 U.S. 354, 108 S. Ct. 2428, 101 L. Ed. 2d 322 (1988), the Court held that the Federal Energy Regulatory Commission’s regulations preempted a state’s authority to set electric power rates.
At the state level, preemption occurs when a state statute conflicts with a local ordinance on the same subject matter. Preemption within the states varies with individual state constitutions, provisions for the powers of political subdivisions, and the decisions of state courts. For example, if a state legislature enacts Gun Control legislation and the intent of the legislation is to occupy the field of gun control, then a municipality is preempted from enacting its own gun control ordinance.
The issue of preemption has dominated litigation over the right of states to require insurance companies and Health Maintenance Organizations (HMOs) to accept “any willing [healthcare] provider” rather than to force consumers to stay within the health providers’ exclusive networks. HMOs and insurance companies have argued that the 1974 federal Employee Retirement Income Security Act (ERISA) preempted these state laws. ERISA is an extremely complex and technical set of provisions that seek to protect employee benefit programs, which include Pension plans and healthcare plans. Healthcare providers have pointed to the comprehensive nature of ERISA as demonstrating the intent of Congress to maintain a uniform national system. Therefore, they argued, state laws must be preempted to affect this purpose.
The Supreme Court rejected the ERISA preemption argument in two cases involving Health Insurance. In Moran v. Rush Prudential HMO, Inc., 536 U.S. 355, 122 S. Ct. 2151, 153 L. Ed. 2d 375 (2002), the Supreme Court in a 5–4 decision upheld an Illinois law that required HMOs to provide independent review of disputes between the primary care physician and the HMO. In Kentucky Association of Health Plans, Inc. v. Miller, 538 U.S. 329, 123 S. Ct. 1471, 155 L. Ed. 2d 468 (2003), the Court tackled the “any willing provider rule.” In a unanimous decision the Court held that Kentucky laws were not preempted by ERISA. The Court concluded that the laws did not deal with employee benefit plans as defined by ERISA but instead were insurance regulations. This was an important distinction because state insurance regulations are not preempted by ERISA.
HISTORY OF WY FIREARMS BILLS
Past WY Firearms Legislation (from 2001 to 2020). Bills with ‘Enrolled Act’ numbers passed; all others failed.
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WYOMING GUN MANUFACTURERS
Big Horn Armory – Cody, WY
Freedom Arms – Freedom, WY
Gunwerks – Cody, WY
Sharps Rifle Company – Glenrock, WY
Weatherby – Sheridan, WY
Wyoming Arms – Cody, WY
OTHER SUNDRIES
Shooting Ranges in Wyoming
Cheyenne Rifle & Pistol Club
Cody Firearms Experience
Cody Shooting Complex
Dubois Gun Club
Fort Fetterman Sportsman’s Association (Douglas)
Jackson Hole Gun Club
Jackson Hole Shooting Experience
Laramie Rifle Range
Lusk Fire Range
Pinedale Rifle and Pistol Club
Rawlins Indoor & Outdoor Shooting Ranges
Rocky Mountain Gun Club – Trap Shooting (Casper)
Sheridan County Sportmen’s Association
Smithmoor Range (Carpenter)
Stuckenhoff Shooters Complex (Casper)
Sweetwater County Shooting Sports Complex
Tactical Training International (Crowheart)
The Range 307 Indoor Shooting Complex (Gillette)
Western Wyoming Rifleman’s Association (Afton)
Weston County Sportsman’s Club (Newcastle)
Worland Shooting Complex
Wyoming Gun Company (Casper)
Misc Items of Interest
Central Wyoming Machine Gun & Cannon Shoot
Wyoming’s Day at the Range
Comfortable Conceal-Carry Holsters for Women
