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Author Topic: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.  (Read 8504 times)

Offline Boston

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Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« on: October 23, 2006, 11:33:13 AM »
Quote
? 6-8-401. Firearm, weapon and ammunition regulation and prohibition by state.? ?
? ?
(a) 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 W.S. 15-1-103(a)(xviii), no city, town or county shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use or possession of firearms, weapons and ammunition except as specifically provided by this chapter. This section 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.? ? ?
(b) As used in this article, “firearm” means any weapon which will or is designed to expel any projectile by the action of an explosive.
Laws 1995, ch. 53, ? 1.

Open Carry (OC) states such as Colorado do not have state preemption, and
thus the openly armed citizen must play a game of legal hopscotch, avoiding
the jurisdictions which have regulated/banned OC (e.g., Crested Butte).

No such silliness in Wyoming!

Boston


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Hunter

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #1 on: October 23, 2006, 12:08:43 PM »
This preemption law was pushed by the Wyoming State Shooting Association (WSSA) and backed by the National Rifle Association (NRA) a few years ago.

The WSSA & Your NRA in action in WYOMING
Thank the State legislators (elected by Wyoming voters) who sponsored and enabled its enactment. They would love ta hear from ya.

The WSSA along with the NRA were also instrumental in the passing of the "shall issue" CC law of which some here are so critical towards.

 ;) ;D :o

Hunter
« Last Edit: October 23, 2006, 06:53:47 PM by Hunter/Pete »
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Offline jnojr

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #2 on: October 23, 2006, 12:48:16 PM »
Quote from: Hunter/Pete on October 23, 2006, 12:08:43 PM

The WSSA along with the NRA were also instrumental in the passing of the "shall issue" CC law of which some here are so critical towards.

"Critical of", as in it isn't "Vermont style" carry?

The way I look at it is, going from no concealed-carry to CCWs is a huge step.  In a state like Wyoming, after, say, 5 years of no problems, a law to un-restrict CCW could have more of a chance of passage.

In any case, I (as a resident of the Democratic People's Republic of California) can't help but cringe when I hear people muttering at how intrusive and illegal shall-issue CCW is.  It must be nice to have such problems! :D
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Hunter

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #3 on: October 23, 2006, 02:51:30 PM »
Quote
In any case, I (as a resident of the Democratic People's Republic of California) can't help but cringe when I hear people muttering at how intrusive and illegal shall-issue CCW is.  It must be nice to have such problems!


That is, my friend,.......... exactly the point I was making.   ;D
Thanks

BTW, the WSSA is along with the NRA is attempting an Alaskan style CC law for Wyoming. Much better than the Vermont non CC law.
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Offline John Corry

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #4 on: October 23, 2006, 03:35:27 PM »
Wow, it's true.

Look how free we are, I mean...all I have to do is fill out paperwork, pay a fee, wait in line at the jail for my fingerprints to be made and pay for that too, wait 3-5 mos for my BG check to come back clean and then I can get a permit.

A permission slip from my county's probate judge to 'keep and bear arms'.

With my permission slip, I can carry my pistol! How FREE I AM!!

Except that, I can't legally carry it: at church or a church function, at a school or school function, at a 'public gathering', at a political rally, in any public building (such as a courthouse or highway rest stop), in any establishment that serves alcoholic beverages, in a state park (anywhere in the state park!), at a sporting event, etc, etc.

Amazing that I'd find something to complain about, I mean...after all, I can go to great lengths to get a useless permit that effectively bars me from carrying pretty much anywhere.
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Offline Lady Liberty

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #5 on: October 23, 2006, 03:40:51 PM »
Quote from: John Corry on October 23, 2006, 03:35:27 PM
Wow, it's true.

Look how free we are, I mean...all I have to do is fill out paperwork, pay a fee, wait in line at the jail for my fingerprints to be made and pay for that too, wait 3-5 mos for my BG check to come back clean and then I can get a permit.

::: snip :::

Amazing that I'd find something to complain about, I mean...after all, I can go to great lengths to get a useless permit that effectively bars me from carrying pretty much anywhere.

Sorry, folks, but I agree with John.

 I live in a state with CCW, but I'm not remotely interested. I am not going to ask permission to be prepared to defend myself. That, friends and neighbors, is a slippery slope I have no intention of sliding down ? or pushing anybody else toward. Already some have suggested ? in all seriousness ? that journalists be licensed just like gunowners because of the havoc the words of an irresponsible reporter might wreak. Thanks, but no thanks.

Getting the permission of the government to exercise an unalienable right is counter to everything pro-freedom folks say they believe. The fact that applying for a CCW would incidentally also serve as notice to the authorities that I a) own a firearm, b) know how to use it, and most importantly, c) am willing to do so is another flag I'd not care to raise!

LL
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Offline Jared

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #6 on: October 23, 2006, 05:30:27 PM »
Why are we talking about CC in a thread about state preemption?
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Offline jnojr

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #7 on: October 23, 2006, 05:55:50 PM »
Quote from: John Corry on October 23, 2006, 03:35:27 PM
Wow, it's true.

Look how free we are, I mean...all I have to do is fill out paperwork, pay a fee, wait in line at the jail for my fingerprints to be made and pay for that too, wait 3-5 mos for my BG check to come back clean and then I can get a permit.

A permission slip from my county's probate judge to 'keep and bear arms'.

With my permission slip, I can carry my pistol! How FREE I AM!!

In principle, i absolutely agree with you.  But you started out with no CCW at all.  Now you have shall-issue.  It's easier to go from shall-issue to no permits needed than it is to go from no-issue to no permits needed.

Also, you can choose to forego "begging permission" for your right to carry.  What's likely to happen to you if "caught"?  Would a WY LEO even arrest you?  A DA charge you?  Would the judge sentence you to more than a slap on the wrist?  If I choose to exercise my right to defend myself, I will be arrested and charged.  If I'm lucky, with a misdemeanor instead of a felony.  And if there's anything else involved, like if I had to actually use my gun to defend my life, I would be done.  I would sit in jail until bailed, charged with at least one felony, and I'd be financially ruined even if I was acquitted.

You really don't have things quite as rough as you might. ;)
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Offline MamaLiberty

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #8 on: October 23, 2006, 06:59:14 PM »
Quote
In principle, i absolutely agree with you.  But you started out with no CCW at all.  Now you have shall-issue.  It's easier to go from shall-issue to no permits needed than it is to go from no-issue to no permits needed.

It's also easier to wear a chain made for a poodle than one made for a tow truck, but wearing neither one makes you free.

That's why we open carry now.

When/if the "laws" are changed to "allow" unrestricted CC, then those of us who prefer that will be more free to do so.

In the meantime, we'll continue to do whatever is needed to defend ourselves. So far, we still have a choice, and I for one am very grateful. I didn't have any choice for most of my life... but that's why I moved to Wyoming!

If the CCW is something you think you need, go for it... It's your life.

MamaLiberty

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Offline Boston

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #9 on: October 23, 2006, 07:30:56 PM »
Yes, we've got CCW and CCW vs. OC threads elsewhere.

This thread really has to do with OC, private gun sales, etc.
State preemption of local RKBA restrictions is a good thing.
Wyoming has it, and, yes, much thanks due to the WSSA!

Boston
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operator

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #10 on: December 19, 2006, 12:24:47 PM »
Open carry is awesome. I live in Oregon, and we have state preemption, all the good stuff. Now, in reality, if you open carry in Salem or Eugrne, Portland, I can assure you that the police will be called and you find yourself at gunpoint, and at the least charged with disturbing the peace. So, it comes down to attitudes, as well as law. I like what i have seen/read about Wyomong. I also have a few friends from active duty living in Worland. My wife and I are looking at our move to Wyoming in the next year or less.

OPERATOR

*Admin's Note - Removed the caps lock.? ;) *
« Last Edit: December 19, 2006, 12:30:49 PM by FSW Forum Administrator »
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Offline Paul Bonneau

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #11 on: December 19, 2006, 04:57:38 PM »
Actually, it was my impression (having been an Oregonian for 30-some years) that Oregon's pre-emption statute covered almost everything except regulation of open carry, which remains in the purview of municipalities. And yes, some have passed ordinances against it. Portland and Beaverton are two I know of. So the cities are not violating state law in this respect (however much they may be violating the state and federal constitutions...)

But yeah, come on out to Wyoming, Operator. Lots of former Oregonians here. Open carry is certainly something worth doing!

And welcome to the forum!
« Last Edit: December 19, 2006, 05:00:12 PM by Paul Bonneau »
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Offline wyomiles

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #12 on: December 20, 2006, 08:25:43 AM »
Welcome operator !! Tell your wife to get on here too !!    Miles
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operator

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #13 on: December 21, 2006, 04:21:38 PM »
she is already informed! lol. yeah, i am doing my homework now, as we originaly had our sights on arizona. cant beat the weather, but i can see how that state will go the same route oregon did. its a shame, so now its mostly down to FSW! as for oregon and open carry, i think that local govt cant regulat firearms, but its a moot point anyways. the dems swept the legislature this year, and teddy got a seconed term. see ya oregon!

operator
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Offline Danl

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Re: Wyoming cities and counties may not prohibit firearm sales, open carry, etc.
« Reply #14 on: December 21, 2006, 10:54:04 PM »
Operator,

We'd like to see you make the trip to Wyoming.....  ~W~

Regards, Danl ~W~
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