Wyoming Firearms Law: Second Amendment, Carry Rights, and State Statutes
Wyoming maintains one of the most permissive firearms regulatory frameworks in the United States, anchored by both the federal Second Amendment and Article 1, Section 24 of the Wyoming Constitution. This page maps the statutory structure governing firearm possession, carry, purchase, and prohibited-person categories under Wyoming law, as codified in Title 6, Chapter 8 of the Wyoming Statutes. The framework sits within a broader constellation of state civil liberties protections covered in Wyoming Legal Rights and Civil Liberties.
Definition and Scope
Wyoming firearms law governs the acquisition, possession, carrying, transfer, and use of firearms within the state's geographic boundaries. The primary statutory authority is Wyoming Statutes §§ 6-8-101 through 6-8-406, administered in conjunction with federal law under the Gun Control Act of 1968 (18 U.S.C. § 922) and the National Firearms Act (26 U.S.C. § 5801 et seq.).
Constitutional Foundations
Two constitutional provisions operate simultaneously in Wyoming:
- U.S. Constitution, Second Amendment: Protects the individual right to keep and bear arms, as affirmed by the U.S. Supreme Court in District of Columbia v. Heller (2008) and incorporated against states in McDonald v. City of Chicago (2010).
- Wyoming Constitution, Article 1, Section 24: Declares that "the right of citizens to bear arms in defense of themselves and of the state shall not be denied."
Wyoming does not maintain a state-level firearms licensing agency. The Wyoming Attorney General's Office and local law enforcement are the primary actors in state-level enforcement. Federal oversight rests with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Scope Limitations
This page covers Wyoming state law as applied within Wyoming's territorial boundaries. It does not address federal firearms regulations except where they intersect directly with state statutes, does not cover tribal jurisdiction on sovereign Native American lands within Wyoming (addressed separately at Wyoming Tribal Law and Sovereignty), and does not constitute legal advice. Federal law preempts state law where conflicts arise under the Supremacy Clause.
How It Works
Wyoming's firearms statutory framework operates across four distinct regulatory categories:
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Permitless ("Constitutional") Carry — Under Wyo. Stat. § 6-8-104, Wyoming residents who are at least 21 years of age and legally eligible to possess a firearm under both state and federal law may carry a concealed firearm without a permit. This applies to both residents and, as amended in 2021, non-residents within Wyoming.
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Optional Concealed Carry Permit (CCP) — The Wyoming Division of Criminal Investigation (DCI) issues optional concealed carry permits under Wyo. Stat. § 6-8-104. These permits are sought primarily for reciprocity recognition in other states. The application requires a background check through the National Instant Criminal Background Check System (NICS), a firearms safety course of at least 8 hours, and a $73 fee for residents.
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Prohibited Persons — Wyoming law, consistent with federal law, bars firearm possession by individuals convicted of felonies, persons subject to domestic violence restraining orders, adjudicated mental defectives, and those dishonorably discharged from military service (Wyo. Stat. § 6-8-102; 18 U.S.C. § 922(g)).
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Regulated Locations — Even under permitless carry, specific locations remain prohibited by statute or federal law, including federal buildings, schools under the federal Gun-Free School Zones Act (18 U.S.C. § 922(q)), and Wyoming state correctional facilities.
Wyoming does not require background checks on private firearm transfers between individuals, distinguishing it from states that mandate universal background checks through licensed dealers.
Common Scenarios
Resident Open Carry
Open carry of firearms in public is legal for any person 18 years of age or older who is not prohibited from possessing a firearm under Wyoming or federal law. No permit is required. Wyoming Statutes impose no general licensing requirement for open carry.
Non-Resident Concealed Carry
Non-residents may carry concealed firearms in Wyoming without a permit under the 2021 amendment to Wyo. Stat. § 6-8-104, provided they meet the same legal eligibility criteria as residents.
Permit-Based Reciprocity
Wyoming issues permits and recognizes permits from states that meet reciprocity criteria established by the Wyoming Attorney General. As of the statutory framework in force, Wyoming has established reciprocal agreements with more than 35 states, making the optional Wyoming CCP valuable for travelers.
Firearm Use in Self-Defense
Wyoming's self-defense statutes (Wyo. Stat. §§ 6-2-602) recognize the use of deadly force in situations where a person reasonably believes such force is necessary to prevent imminent death or serious bodily injury. Wyoming does not impose a duty to retreat.
Private Sales
Private transfers of firearms between individuals within Wyoming require no background check under state law. Federal law still applies to licensed dealer transactions, requiring NICS checks regardless of state.
Decision Boundaries
The line between lawful and unlawful firearms conduct in Wyoming turns on the following distinctions:
| Factor | Lawful | Unlawful |
|---|---|---|
| Carrier's age (concealed) | 21 or older | Under 21 |
| Carrier's legal status | Not prohibited under state/federal law | Prohibited person (felony conviction, domestic violence order, etc.) |
| Location | Public spaces without statutory restriction | Federal buildings, school zones, correctional facilities |
| Firearm type | Standard long guns, handguns | Unregistered NFA items (suppressors, SBRs without ATF approval) |
| Transfer type | Private sale between Wyoming individuals | Straw purchases; transfers to prohibited persons |
The regulatory context for the Wyoming legal system provides additional background on how state statutes interact with federal preemption principles applicable across all Wyoming legal domains, including firearms regulation.
Wyoming's overall legal structure — accessible via the Wyoming Legal Authority index — reflects a consistent pattern of limited state restriction within federal floors, a pattern directly visible in the firearms statutes.
References
- Wyoming Statutes Title 6, Chapter 8 — Weapons
- Wyoming Division of Criminal Investigation — Concealed Firearms Permits (See also Wyoming DCI official resources)
- 18 U.S.C. § 922 — Unlawful Acts (Gun Control Act)
- 26 U.S.C. § 5801 — National Firearms Act
- Wyoming Constitution, Article 1, Section 24
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — State Laws and Published Ordinances
- U.S. Supreme Court — District of Columbia v. Heller, 554 U.S. 570 (2008)
- U.S. Supreme Court — McDonald v. City of Chicago, 561 U.S. 742 (2010)