Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2021 ‘Preemption of Local Laws in Wyoming.’ Other Laws & Policies. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 24 February
Local Authority to Regulate Firearms in Wyoming
Wyoming Statutes Annotated § 6-8-401(c) provides:
The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the state. Except as authorized by [section 15-1-103(a)(xviii) (authorizing local governments to "[r]egulate, prevent or suppress riots, disturbances, disorderly assemblies or parades, or any other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place")], no city, town, county, political subdivision or any other entity shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms, weapons, accessories, components or possession of firearms, weapons and ammunition except as specifically provided by this chapter. [Section 6-8-401] shall not affect zoning or other ordinances which encompass firearms businesses along with other businesses. Zoning and other ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this section and are prohibited.
There is no case law interpreting this statute.
Wyoming Statutes Annotated § 19-13-104(e)(i) states that nothing in the Wyoming Homeland Security Act, sections 19-13-101 et seq., confers upon the political subdivisions of the state, or any employee or agent of the state or any governmental unit within the state, the power to confiscate a firearm from a person unless:
- The person is unlawfully possessing or unlawfully carrying the firearm in violation of Wyoming law; or
- The firearm is confiscated by a peace office acting in the lawful discharge of his or her duties and under the reasonable belief that the confiscation is necessary for the protection of the peace officer, the person carrying the firearm or a third party.
In addition, section 19-13-104(e)(ii) provides that nothing in the Wyoming Homeland Security Act confers upon the political subdivisions of the state, or any employee or agent of the state or any governmental unit within the state, the power to impose additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of firearms, ammunition, or components of firearms or ammunition.
The governing bodies of all cities and towns may regulate, license, tax, or prohibit shooting galleries.
Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under sections 16-11-101 through 16-11-103. While those provisions limit the civil liability and criminal prosecution of any person using or operating the range (…), they do "not prohibit a local government from regulating the location and construction of a sport shooting range after" February 16, 1995…
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