Wyoming Armed Self-Defense Laws
Use of force in self defense (6-2-602)
(Castle Doctrine)
(a) A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if:
(i) The intruder against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, another's home or habitation or, if that intruder had removed or was attempting to remove another against his will from his home or habitation; and
(ii) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring.
(b) The presumption set forth in subsection (a) of this section does not apply if:
(i) The person against whom the defensive force is used has a right to be in or is a lawful resident of the home or habitation, such as an owner, lessee or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;
(ii) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(iii) The person against whom the defensive force is used is a peace officer who enters or attempts to enter another's home or habitation in the performance of his official duties.
(c) A person who unlawfully and by force enters or attempts to enter another's home or habitation is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(d) As used in this section:
(i) "Habitation" means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents;
(ii) "Home" means any occupied residential dwelling place.
Immunity from civil action (6-1-204)
Except as provided by W.S. 6-1-103(a), a person who uses force as reasonably necessary in defense of his person, property or abode or to prevent injury to another is immune from civil action for the use of the force.
No Duty to Retreat-Stand Your Ground
HB 168 took effect July 1, 2018. Bill text here. Paraphasing from bill below.
7-2-109
(a) A person who uses reasonable defensive force shall be immune from any arrest, detention, charging, citation or prosecution for using defensive force.
(b) A peace officer shall not arrest a person for using defensive force unless the peace officer determines
that there is probable cause that the defensive force was not reasonable.
6-1-204 allows legal fees to be repaid if charged and the shooting is determined to be justified.
6-2-602 "No Duty to Retreat"
(e) A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using reasonable defensive force.
(a) A person who uses reasonable defensive force shall be immune from any arrest, detention, charging, citation or prosecution for using defensive force.
(b) A peace officer shall not arrest a person for using defensive force unless the peace officer determines
that there is probable cause that the defensive force was not reasonable.
6-1-204 allows legal fees to be repaid if charged and the shooting is determined to be justified.
6-2-602 "No Duty to Retreat"
(e) A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using reasonable defensive force.
Buying and Selling Gus
Dealer Sales
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page and state denial reason request form page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Visit the NICS Brady Check FBI appeals page and state denial reason request form page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Private Sales
What do I need to buy a gun?
Money. Optional: Photo ID. Some buyers want to see a CCW permit for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Money. Optional: Photo ID. Some buyers want to see a CCW permit for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
- Meet Presumably, you either know each other or this is in regards to an ad on Armslist, Facebook, etc. Arrange to meet at a safe place (like a police station or well-lit and well-traveled area).
- Buy the Gun Exchange money for the firearm. Be smart and carry a pistol if the other party is a stranger; you don’t know if it is a scam for a robbery or if someone up to no good sees money and a gun change hands.
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Wyoming does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Wyoming does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.