Wyoming to repeal CCW reciprocity for all but 8 states starting March 1.


Sheldon

New member
Just came across this on another site. Posted by a Wyoming LEO:

State of Wyoming Dave Freudenthal, Governor
Office of the Attorney General
Division of Criminal Investigation Bruce A. Salzburg
Forrest C. Bright, Director Attorney General



MEMORANDUM


TO: All Wyoming Sheriffs
All Wyoming Chiefs of Police

FROM: Forrest C. Bright, Director

DATE: February 12, 2009

RE: Concealed Firearm Permit Reciprocity

I am writing to let all the agencies in Wyoming know of substantial changes resulting from review of other states’ concealed firearm criteria. The Wyoming Attorney General’s Office recently completed examination of the other 49 states statutes for the purpose of honoring concealed firearms permits issued by another state, or reciprocity.

Pursuant to Wyo. Stat. Ann. § 6-8-401(a)(iii), Wyoming will recognize a permit from another state that “has laws similar to the provisions of this section, as determined by the attorney general . . ..” The Wyoming Attorney General has determined that with the exception of 8 states, presently all the others concealed firearm permit statutes are not sufficiently similar to Wyoming’s. Specifically, Wyo. Stat. Ann. § 6-8-104(b)(v) prohibits issuance of a permit to any person who has been convicted of a controlled substance violation, felony or misdemeanor in any jurisdiction. Most other states’ analogous statutes do not.

The Wyoming Attorney General holds that if a misdemeanor drug conviction disqualifies a Wyoming resident, is also needs to disqualify an out-of-state permit holder. Due to the difference in how each state handles controlled substance convictions, Wyoming is also limited in our ability to maintain reciprocity with states we may have previously.


Accordingly, as of March 1, 2009, Wyoming can only honor concealed firearm permits issued by the following states: Connecticut, Ohio, Georgia, Oklahoma, Maryland, Oregon, Massachusetts, and Utah.

If you want to send the govenor a letter protesting this fiaco then here is the link BTY I did...

Wyoming Office of Governor Dave Freudenthal -
 

babarracing

New member
WY reciprocity:

:no:I live in CO. I have a valid Co CCW. I will be calling WY tomorrow. This does not make sense. CO runs background checks thru CBI and national data base. I don't think you can get a CCW permit in CO with any substance abuse issues convictions on any level.
 

LVLouisCyphre

Obama is a mack daddy!
In WY, you cannot get their CCW if you've ever been convicted of any crimes pertaining to controlled substances. It's a forever prohibiting condition. In many other States, it's only a prohibiting condition for 3 to 5 years. This is something that needs to be addressed by the WY State legislature. Fortunately we still have some non-resident options for WY; CT and UT.
 
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ricbak

New member
Via Google Reader

NRA-ILA has posted this for Wy:
NRA-ILA :: Wyoming: Attack on Right-to-Carry Reciprocity Suspended


Friday, February 20, 2009 Due to an overwhelmingly negative response from gun owners both in and outside Wyoming, an attempt made earlier this week to drastically limit Wyoming’s Right-to-Carry Reciprocity statute has been suspended for the time being, once again restoring the original Right-to-Carry Reciprocity statute.

This break will allow the NRA to review the current statute and develop a plan to bring a bill before the Wyoming State Legislature during the next legislative session to ensure that this never happens again to law-abiding citizens in Wyoming.

Thank you for all of your calls and support!
 

Sheldon

New member
The clincher is the Sate AG has based his whole attack upon the fallacy that many states do not prohibit people with drug convictions from obtaining a CCW.... and that is total BS!!
 

LVLouisCyphre

Obama is a mack daddy!
The clincher is the Sate AG has based his whole attack upon the fallacy that many states do not prohibit people with drug convictions from obtaining a CCW.... and that is total BS!!
Read the statute. WY prohibits people with any drug conviction from ever getting their respective CCW. So yes, under the letter of the law the WY AG is correct. Only a minority of States qualify for recognition or reciprocity in WY based on that statutory prohibiting condition WY has.

Most States have that as a prohibiting condition for 3 to 5 years; Florida has it for three, Nevada has it for five. Utah is may issue if you have any drug conviction which is why Utah made WY's grade. WY needs to change that portion of their statute so a drug conviction is only a prohibiting condition for 3 to 5 years. There may be enough of an uproar where that may indeed happen.
 

Cobra

New member
yeah ... but you can smoke the stuff (not inhale of course), admit to it, and become president of this country !!!
 

Sheldon

New member
Read the statute. WY prohibits people with any drug conviction from ever getting their respective CCW. So yes, under the letter of the law the WY AG is correct. Only a minority of States qualify for recognition or reciprocity in WY based on that statutory prohibiting condition WY has.

Most States have that as a prohibiting condition for 3 to 5 years; Florida has it for three, Nevada has it for five. Utah is may issue if you have any drug conviction which is why Utah made WY's grade. WY needs to change that portion of their statute so a drug conviction is only a prohibiting condition for 3 to 5 years. There may be enough of an uproar where that may indeed happen.
Not quite sure what you are refereeing to but possession is a felony in Michigan...

Case in point, a friends son was in a serious car accident, he was a passenger, he was in a coma for several days, he had a bag of wacky weed in his pocket, when he woke up he was charged with a felony, and no he cannot even own a gun now.
 
W

wolfhunter

Guest
Sheldon, WY law prevents CCW for those with MISDEMEANOR drug offenses, such as possession of paraphinalia. WY is saying they won't reciprocate with states that don't permanently prohibit for these offenses.
 

Sheldon

New member
Sheldon, WY law prevents CCW for those with MISDEMEANOR drug offenses, such as possession of paraphinalia. WY is saying they won't reciprocate with states that don't permanently prohibit for these offenses.
And that same Misdemeanor will disqualify you for your CCW in Michigan.... this is unless you pay out a heap of $$$$$$ and get the charges dismissed and it expunged from your record.... Which in WY expunged means just that and I bet it is the same there.
You apparently do not understand, they put you under a microscope here and anything that can, will disqualify you for your CCW, DUI, Petty Larceny, too many speeding tickets, almost anything.

When you go before our County gun board they ask these questions, yes you can lie about it but you will eventually be found out and permanently loose your CCW, with possible criminal charges brought against you.

Some counties just send you your permit, and that means they have already ran you through the system and you came back squeaky clean.
 
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LVLouisCyphre

Obama is a mack daddy!
And that same Misdemeanor will disqualify you for your CCW in Michigan.... this is unless you pay out a heap of $$$$$$ and get the charges dismissed and it expunged from your record.... Which in WY expunged means just that and I bet it is the same there.
You apparently do not understand, they put you under a microscope here and anything that can, will disqualify you for your CCW, DUI, Petty Larceny, too many speeding tickets, almost anything.
As usual, you don't know or understand your own State's law. Controlled substance violations disqualify you from a MI CPL 3 or 8 years depending on the conviction (i.e. it's temporary and can be fixed with time). These are the statutory requirements from MSP.

Under current WY law, any controlled substance violation is a forever and permanent statutory prohibiting condition for a WY CCW. I don't know if an expunged conviction will do you any good there.

Yes and I'm put under the microscope in CT, FL, ME, NV, NH and UT. I'm not renewing my VA since I'm not eligible for WV reciprocity anymore. The only one that I have that makes it a possible permanent prohibiting condition are CT and UT as they made the grade for WY. FL has controlled substance violations as a prohibiting condition for three years, NV five.
 

Sheldon

New member
As usual, you don't know or understand your own State's law. Controlled substance violations disqualify you from a MI CPL 3 or 8 years depending on the conviction (i.e. it's temporary and can be fixed with time). These are the statutory requirements from MSP.

Under current WY law, any controlled substance violation is a forever and permanent statutory prohibiting condition for a WY CCW. I don't know if an expunged conviction will do you any good there.

Yes and I'm put under the microscope in CT, FL, ME, NV, NH and UT. I'm not renewing my VA since I'm not eligible for WV reciprocity anymore. The only one that I have that makes it a possible permanent prohibiting condition are CT and UT as they made the grade for WY. FL has controlled substance violations as a prohibiting condition for three years, NV five.
Damn U R soooo smart, and yet so ignorant at the same time. County Gun Boards look at this data of past and prior offenses expired or not, make you appear before them, disqualify you, and make you retain a lawyer and take them to task before they will issue you a CCW. Hence you are disqualified for life unless you retain good legal counsel. Get a good enough lawyer there and I would be willing to bet you can circumvent their system too. If you lived here you would know more than what you read on the INTERNET, would belong to the grass roots groups and go to all the meetings where they discuss these issues.

So basically you are no more qualified to discuss issues involving Michigan precedence than I am such issues in your state.
 
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LVLouisCyphre

Obama is a mack daddy!
Damn U R soooo smart, and yet so ignorant at the same time. County Gun Boards look at this data of past and prior offenses expired or not, make you appear before them, disqualify you, and make you retain a lawyer and take them to task before they will issue you a CCW. Hence you are disqualified for life unless you retain good legal counsel. Get a good enough lawyer there and I would be willing to bet you can circumvent their system too. If you lived here you would know more than what you read on the INTERNET, would belong to the grass roots groups and go to all the meetings where they discuss these issues.

So basically you are no more qualified to discuss issues involving Michigan precedence than I am such issues in your state.
We went through this issue in a prior thread.

I do not believe a County Gun Board can legally deny you if you meet the statutory eligibility requirements which are documented on the MSP CPL eligibility requirements page. It may take a judicial review to overturn the board's decision if it was arrived at in a capricious manner, however they know they will lose. They may also end up having to pay your legal bill in the process.

Yes, it's true I do not live in MI nor do I care to live in any State that has a State income tax. However, the MSP's CPL eligibility page is pretty clear to me.

The merit of the thread is why WY is canceling reciprocity, I have pointed out the statutory reasons why. You're eligible under MI law to get a CPL with misdemeanor control substance convictions after the appropriate time frame has passed. It's MI law that the WY AG is evaluating, not what MI County Gun Boards practice which may be illegal.
 

Sheldon

New member
We went through this issue in a prior thread.

I do not believe a County Gun Board can legally deny you if you meet the statutory eligibility requirements which are documented on the MSP CPL eligibility requirements page. It may take a judicial review to overturn the board's decision if it was arrived at in a capricious manner, however they know they will lose. They may also end up having to pay your legal bill in the process.

Yes, it's true I do not live in MI nor do I care to live in any State that has a State income tax. However, the MSP's CPL eligibility page is pretty clear to me.

The merit of the thread is why WY is canceling reciprocity, I have pointed out the statutory reasons why. You're eligible under MI law to get a CPL with misdemeanor control substance convictions after the appropriate time frame has passed. It's MI law that the WY AG is evaluating, not what MI County Gun Boards practice which may be illegal.
And I am trying to point out that Michigan meets their requirements. Yes the gun boards do regularly act just like a judge will in court and make decisions bassed uppon opinion, contrary to how the law is written. If there is any doubt they error on the side of no CCW and let you hire counsel, and I bet Michigan is not the only state that does this...

I know you have had to heard of similar instances in other states, and have likely read a gripe posted by someone this has happened to.

Anywhere you put people in power they will interpret (re) the law to mean what ever they want it to. Is this legal... no... do we have to fight it on a regular bassis.... yes.... So how many of these threads have you read involve some official someplace re reading some law and making a new decision of how it is to be interpeted.... something like this one.

The good news is the NRA and the gun owners have brought so much heat on this issue that WY has put a Hiatus on this AG opinion taking effect... so you are still good to go in WY for a while at least that is.
 
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LVLouisCyphre

Obama is a mack daddy!
And I am trying to point out that Michigan meets their requirements.
Under the letter of WY law MI does not nor do many other States. The WY AG's office is only concerned with what MI law states the eligibility requirements are.

I have pointed out why MI does not meet their requirements from your own State Police's CPL page. Several posters here agree with me. If you want to believe stop signs are green and the sky is red that is your choice.

What matters is what WY law is and the person charged with establishing recognition and reciprocity has stated only a few States are eligible for recognition or reciprocity with WY. I have two of those States so the issue does not affect me.

The NRA and the WY legislature is involved. I suspect we'll see a resolution to this soon. Until then be forewarned if you do not have a State that will end up on the WY list.
 

Sheldon

New member
So the WY AG is out of touch with the real world... nothing new in that, but as to the MSP site, it only give the gist of the law, and not limited to as I said the gun boards have Discretionary powers, (a hang over from the good ole boy days) and often refuse permits based upon any past offenses.
In-fact one more case that I read about is a guy that was busted when he was only 17 for Marijuana, now at 37 he was fighting for his CCW that was refused based upon that one incident.
Yeah it may not be on the Internet, but they do refuse on a regular basis, and had AG bothered to take the time to contact the Mi AG he would have know that.
But I doubt the WY AG really gives a rats ass about it, more likely he is just another anti gun Democrat, that does not care that he signed a Reciprocity agreement with our state....
 
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wolfhunter

Guest
Sheldon, the WY AG is going by written law, not how a local Board applies (or doesn't apply) that law. If you think MI CCW's should be recognized, one of two things will have to happen. Either Wyoming's law will have to change from it's current "ever convicted" stance to a "within the last x-number of years" stance, or Michigan will have to make their WRITTEN law stricter to match the experience you cite. Several in this thread have suggested contacting the WY Reps to get the law re-written, but if you want Michigan law to match your experiences, feel free to contact your Reps, maybe you can adopt DC's laws instead.
 

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