Wyoming Open Carry
Wyoming has no laws prohibiting or authorizing open carry. When no law prohibits something, that thing is legal to do.
"Liberty" means liberty to do anything not unlawful. The liberty envisioned by [Article 1, Sec. 6, Wy. Constitution] is not alone a liberty of person such as is offended by enslavement, imprisonment or other restraint. It contemplates a person's liberty to do all that is not made unlawful. Bulova Watch Co. v. Zale Jewelry Co.
What is open carry?
There are no state laws defining open carry or concealed carry. Most states consider an openly carried firearm to be one that is plainly discernible as a firearm. In other words, if you can see it and tell that it's a gun, it's open carry.
Is open carry brandishing?
No. Brandishing involves pointing a firearm at someone. Aggravated assault is threatening to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another, 6-2-502(iii). 6-2-504(b) Reckless endangering is defined as:
There are no state laws defining open carry or concealed carry. Most states consider an openly carried firearm to be one that is plainly discernible as a firearm. In other words, if you can see it and tell that it's a gun, it's open carry.
Is open carry brandishing?
No. Brandishing involves pointing a firearm at someone. Aggravated assault is threatening to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another, 6-2-502(iii). 6-2-504(b) Reckless endangering is defined as:
Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another...
Case law: Mere presence of weapon, without threat, insufficient
[Aggravated assault] requires proof of an actual threat of physical injury during the act of employing a deadly weapon. It was error for the trial judge to insinuate that factual circumstances would govern in determining if the (mere) presence of a weapon in hand could constitute a threat to use. It cannot. Johnston v. State
Proof of the mere presence of a weapon is insufficient to satisfy the "threatens to use" element of aggravated assault and battery; instead, that element requires proof of an actual threat of physical injury while employing the deadly weapon. Gunderson v. State
Can I open carry a rifle or a shotgun?
Wyoming has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities and could be criminal, depending on your behavior (see above). Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't open carry long guns just to make a point; Wyoming allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Wyoming has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities and could be criminal, depending on your behavior (see above). Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't open carry long guns just to make a point; Wyoming allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Open Carry Prohibited Areas
Public buildings 6-5-209
You may not take a firearm (openly or concealed) into a jail, a state penal institution, the Wyoming Boys' School, Wyoming Girls' School, or a private correctional facility, the state hospital, or a courtroom. Judges may carry a concealed firearm in their courtroom and may grant others permission to carry a concealed weapon in their courtroom.
You may not take a firearm (openly or concealed) into a jail, a state penal institution, the Wyoming Boys' School, Wyoming Girls' School, or a private correctional facility, the state hospital, or a courtroom. Judges may carry a concealed firearm in their courtroom and may grant others permission to carry a concealed weapon in their courtroom.
State Capitol WAC 006-041-006 (Sec. 2)
No dangerous weapon may be carried in the State Capitol building or in any capitol complex buildings. Police are authorized to request that any persons carrying a dangerous weapon in any state building relinquish and check the weapon. If a person carrying a dangerous weapon refuses to relinquish the weapon, they will be denied access to the capitol.
No dangerous weapon may be carried in the State Capitol building or in any capitol complex buildings. Police are authorized to request that any persons carrying a dangerous weapon in any state building relinquish and check the weapon. If a person carrying a dangerous weapon refuses to relinquish the weapon, they will be denied access to the capitol.
Aside from the above, Wyoming has no other laws prohibiting where firearms cannot be carried openly, including airports, schools, and colleges, (6-5-209). Open carry is not regulated except at the state capitol, courtrooms, mental health and correctional institutions, schools, universities, and government employers may regulate their employees and students behavior under threat of discipline or termination/expulsion. There is no law prohibiting open carry by parents/adults at a school or by non-students on a college/university campus. Use caution, however, as you may be harassed by staff and law enforcement.
Caution: 6-6-303 Refusing to desist or remove oneself from government facilities
Caution: 6-6-303 Refusing to desist or remove oneself from government facilities
No person within or upon the facilities of a governing body shall refuse to desist from a course of conduct or to remove himself from the facilities upon request by an authorized representative of the governing body, after having been notified that the conduct or the presence of the person is contrary to or in violation of established policies, rules or regulations of the governing body which are reasonably related to the furtherance of the lawful purposes of the governing body and incident to the maintenance or orderly and efficient use of its facilities for the purposes for which acquired or designated.
Concealed Carry
Constitutional Carry 6-8-104(a)(iv)
So-called Constitutional Carry (permitless concealed carry) applies to residents and non-residents as of July 1, 2021.. You must meet the qualifications for being issued a concealed firearm permit for permitless concealed carry to apply (see below).
"Printing," where the imprint of your gun shows through your clothing, is not illegal anywhere in the United States.
So-called Constitutional Carry (permitless concealed carry) applies to residents and non-residents as of July 1, 2021.. You must meet the qualifications for being issued a concealed firearm permit for permitless concealed carry to apply (see below).
"Printing," where the imprint of your gun shows through your clothing, is not illegal anywhere in the United States.
Concealed Firearm Permits (6-8-104)
Wyoming is a shall-issue state and anyone under 18 may be issued a permit. Wyoming does not issue non-resident permits to non-residents. Permits are only for travel to other states in light of permitless carry. You must be a state resident for six months before applying. Concealed firearm permits are issued by the attorney general (Dept. of Criminal Investigation, DCI) and valid for 5 years. Applications are submitted through the county sheriff where the resident resides. Fees are $50.00 for new and renewed permits plus fingerprint fees. Permit information is confidential not public record. You may renew before expiration and up to six months after expiration (with a late fee). DCI has 60 days to issue or deny. 30 days to appeal a denial and DCI has 20 days to respond.
Fees
Fees
- New permit: $50.00 + fingerprint fees ($24.00)
- Replacements: $5.00
- Late renewal: $10.00
Qualifications
To receive a permit, you must:
- Be a US resident and been resident of Wyoming for at least 6 months.
- Do not suffer from a physical infirmity which prevents the safe handling of a firearm;
- Not a federally prohibited person or convicted of a violent felony under state law.
- Committed to a state or federal facility for the abuse of a controlled substance, within one year;
- Convicted of a felony violation of the Wyoming Controlled Substances Act or similar federal/state law;
- Convicted of a misdemeanor violation of the Wyoming Controlled Substances Act or similar federal/state law within one year;
- Has not been committed to a mental institution or currently adjudicated to be legally incompetent.
- Do not chronically or habitually use alcohol to the extent that your normal faculties are impaired.
It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been involuntarily committed, within the one year period prior to the date on which application for a permit under this section is submitted, to any residential facility pursuant to the laws of this state or similar laws of any other state as a result of the use of alcohol. (6-8-4-104(b)(vi)
Non-resident military service-members in Wyoming should contact the DCI after July 1, 2016 for rules on issuance to them.
Training
You must demonstrate familiarity with a firearm. A legible photocopy of a certificate of completion of any of the courses or classes or a notarized affidavit from the instructor, school, club, organization or group that conducted or taught the course or class attesting to the completion of the course or class by the applicant or a copy of any document which shows completion of the course or class or evidences participation of firearms competition, shall constitute evidence of qualification.
Any one of the following activities listed in this paragraph shall be sufficient to demonstrate familiarity with a firearm:
Proof of training will generally be in the form of a Hunter Safety Card, your DD-214 form (discharge papers), NRA handgun or licensed concealed carry training certificate.
Any one of the following activities listed in this paragraph shall be sufficient to demonstrate familiarity with a firearm:
- Completion of any certified firearm safety or training course utilizing instructors certified by the NRA or the Wyoming law enforcement academy;
- Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division of law enforcement or security enforcement;
- Experience with a firearm through participation in an organized handgun shooting competition or military service;
- Experience with a firearm through participation in an organized handgun shooting competition or military service;
- Be certified as proficient in firearms safety by a state law enforcement agency under their procedures; or
- Honorable retirement as a federal or state peace officer who has a minimum of ten years of service.
Proof of training will generally be in the form of a Hunter Safety Card, your DD-214 form (discharge papers), NRA handgun or licensed concealed carry training certificate.
Denials and revocation
The division may deny a permit if the applicant has been found guilty of or has pled nolo contendere to one or more crimes of violence constituting a misdemeanor offense within the three year period prior to the date on which the application is submitted or may revoke a permit if the permittee has been found guilty of or has pled nolo contendere to one or more crimes of violence constituting a misdemeanor offense within the preceding three years.
Your permit will be revoked if:
The department has 60 days to issue or deny the permit application. You have 30 days to submit an appeal of denial, which the department must respond to within 20 days. After that, you may appeal to district court.
If you have been denied a Wyoming permit, you may not carry a concealed firearm under a permit issued in another state, so long as you remain a resident of Wyoming and you remain ineligible for a permit in Wyoming.
Your permit will be revoked if:
- You become ineligible to be issued a permit under the criteria for issuance;
- You are convicted of any offense involving a controlled substance, alcohol abuse while carrying a concealed weapon or any crime of violence or a plea of nolo contendere to any of these crimes.
The department has 60 days to issue or deny the permit application. You have 30 days to submit an appeal of denial, which the department must respond to within 20 days. After that, you may appeal to district court.
If you have been denied a Wyoming permit, you may not carry a concealed firearm under a permit issued in another state, so long as you remain a resident of Wyoming and you remain ineligible for a permit in Wyoming.
Changes
You have 30 days to notify the department of change of address or a lost or destroyed permit. The duplicate fee is $5.00.
Renewal
You may renew your permit on or before the expiration date. You must submit:
Permits may be renewed up to six months after expiration and you must pay a $10.00 late renewal fee. After six months, you must apply anew.
- The renewal form and a notarized affidavit stating that you remain qualified pursuant to the criteria above.
Permits may be renewed up to six months after expiration and you must pay a $10.00 late renewal fee. After six months, you must apply anew.
Under 21
The sheriff of the applicant's county of residence may, at his discretion, submit a written report to the division recommending the issuance of a concealed firearm permit to an applicant between 18 and 21 years of age who meets the requirements. The division may issue a permit to carry a concealed firearm to those individuals between eighteen (18) and twenty-one (21) years of age under circumstances that a reasonable, prudent person would believe warrant the issuance of a permit to carry a concealed firearm.
Concealed Carry Limitations
"No person authorized to carry a concealed weapon pursuant to paragraphs (a)(ii) through (iv) of this section shall carry a concealed firearm into:
6-8-104(t) Where concealed firearms are prohibited:
- Any facility used primarily for law enforcement operations or administration without written consent;
- Any detention facility, prison or jail;
- Any courtroom, except judges can determine who may carry a concealed weapon;
- Any meeting of a governmental entity;
- Any meeting of the legislature or a committee thereof;
- Any school, college or professional athletic event not related to firearms;
- Any portion of an establishment licensed to dispense alcohol for consumption on the premises, which portion of the establishment is primarily devoted to that purpose (bars and bar areas);
- Any place where persons are assembled for public worship, without written consent; [repealed effective July 1, 2018]
- Any elementary or secondary school facility;
- Any college or university facility without the written consent of the security service;
- Any place where the carrying of firearms is prohibited by federal law or regulation or state law.
The permittee shall carry the permit, together with valid identification at all times when the permittee is carrying a concealed firearm and shall display both the permit and proper identification upon request of any peace officer, 6-8-104(b).
Concealed Firearm Permit Reciprocity
Wyoming does not issue non-resident permits. Wyoming recognizes all permits from all states that recognize Wyoming's permit and when the out-of-state permit is valid across the issuing state, 6-8-104(iii).
Concealed carry is better than open carry because surprise will work to my advantage.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.