Firearm rights restrictions are difficult to restore in Wyoming. Firearm rights are restricted in
Wyoming if a person is convicted of a “violent” felony. Essentially, only obtaining a pardon will
succeed in restoring firearm rights based on a violent felony conviction. Moreover, the Wyoming
expungement statutes have been deemed defective for purposes of restoring firearm rights that
are restricted by federal law. Here is a quick rundown.
Background: Wyoming Firearm Restrictions
Firearm rights are restricted in Wyoming pursuant to Wyoming Statutes § 6-8-102 which
prohibits possession or use of firearms by anyone convicted of a violent felony. Note also that
the statute contains an exception for “antique firearms”. See here – p. 187. The provision states
as follows:
“(a) Any person who has previously pleaded guilty to or been convicted of committing or
attempting to commit a violent felony or a felony under W.S. 6-5-204(b), and has not
been pardoned and who uses or knowingly possesses any firearm is guilty of a felony
punishable by imprisonment for not more than three (3) years, a fine of not more than
five thousand dollars ($5,000.00), or both.
(b) As used in this section “firearm” does not include an “antique firearm” as defined in
W.S. 6-8-403(a)(viii).”
Wyoming Statute § 6-5-204(b) – here at p. 141 – makes it a felony to “… intentionally and
knowingly cause or attempt to cause bodily injury to a peace officer engaged in the lawful
performance of his official duties …”
As can be seen, pursuant to the statute, the only exception listed is obtaining a pardon.
What about expungement?
Wyoming has two statutes that allow for expungement of certain convictions – one for
misdemeanor convictions and one for felony convictions. The expungement statutes are codified
at:
- Wyo. Stat. § 7-13-1501 – p. 224ff – for misdemeanors
- Wyo. Stat. § 7-13-1502 – p. 227ff – for felonies
The problem for firearm rights restoration is that expungement of felony convictions is NOT
available for any sort of “violent felony.” Since firearm rights are restricted for “violent felonies”
and since expungement is not available for “violent felonies,” then expungement will not suffice
to restore firearm rights under Wyoming law. There is no need to expunge misdemeanor
convictions since misdemeanor convictions do not serve as a disqualifying predicate for firearm
rights under Wyoming law.
What about expungement for the purpose of restoring firearm rights restricted by federal
law?
It is well-known that firearm rights can also be restricted under federal law. Federal law
restrictions are more wide-ranging than Wyoming restrictions. For example, federal firearm
rights are restricted for conviction of ANY felony, not just VIOLENT felonies. As another
example, federal firearm rights are restricted for those who are convicted of misdemeanor
domestic violence charges. In theory, expungement of nonviolent felony convictions and
expungement of misdemeanor domestic violence charges should remove such convictions as
disqualifiers under federal law.
Indeed, that was the original purpose of the Wyoming expungement statutes. They were passed
in 2004 by the Wyoming Legislature “for the purposes of restoring any firearm rights lost.” See
Wyoming ex rel. Crank v. US, 539 F. 3d 1236 (Court of Appeals, 10th Circuit 2008).
The problem here is that, shortly after enactment, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (“ATF”) declared that the expungement statutes were defective. That is, the ATF
asserted that the Wyoming expungement statutes would not restore federal firearm rights because the statutes did not satisfy the definition of “expunge” or “set aside” for the purposes of federal law, specifically 18 U.S.C. § 921(a)(33)(B)(ii).
The determination by the ATF was legally tested in the case of Wyoming ex rel. Crank v. US
linked above. The federal Circuit Court of Appeals for the Tenth Circuit affirmed a lower court
decision and agreed with the ATF. The court held that, under federal law, Congress meant the
word “expunge” to be “a state procedure [that] completely remove[s] the effects of the conviction in question.” In that case, the conviction at issue was a misdemeanor charge of domestic violence. The court held that Wyoming’s expungement statutes did not meet the definition of “expunge” as used in federal law. The statutes did not completely remove the effects of the conviction. Why? Under the Wyoming statutes, expungement did not result in the records being destroyed and the records remained available to law enforcement agencies for criminal
enforcement purposes. Because of this, the court concluded that Wyoming did not truly
“expunge” conviction records in the manner required to restore federal firearm rights. The
expungement statutes have been amended since the ex rel. Crank case was decided. But the new versions of the statutes do not result in destruction of conviction records. Thus, the new statute
does not meet the ATF requirements either.
What about the Wyoming Firearms Freedom Act?
n 2010, the Wyoming Legislature enacted the Wyoming Firearms Freedom Act (“FFA”). The
“FFA” is intended to exempt from federal law any firearm manufactured commercially or
privately in Wyoming and that remains exclusively within the borders of Wyoming. See Wyo.
Stat. § 6-8-401 et seq. – p 178ff. The operative provision is section 6-8-404 which states, in part:
“A personal firearm, a firearm accessory or ammunition that is manufactured
commercially or privately in Wyoming and that remains exclusively within the borders of
Wyoming is not subject to federal law, federal taxation or federal regulation, including
registration, under the authority of the United States congress to regulate interstate
commerce.”
It is an interesting law, particularly given the rise of 3-D printing and gun part blueprints that can
be found on the internet. As of late 2021, the FFA has not been legally tested. A similar law
enacted in Montana was struck down by the federal Court of Appeals for the Ninth Circuit which
sits in San Francisco. See Montana Shooting Sports Association v. Holder, 727 F.3d 975 (9th
Cir. 2013). But Wyoming is in the geographic territory of the Tenth Circuit which sits in Denver.
A different legal outcome could come from the Tenth Circuit.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a
firearm, you may benefit from the help of an experienced firearm rights-focused attorney.
FirearmRights.net can help you find attorneys in your area that can provide advice and legal
counsel. This website has been developed by firearm rights attorneys with extensive experience
in protecting firearm rights. Our goal is to support the firearm community by restoring the rights
of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area
who can review the facts of your case and start the journey to reclaiming your second
amendment rights.