Weapons Offenses Defense in Wyoming

Wyoming Weapons Offense Defense Attorney

Wyoming respects the right to bear arms — but weapons charges, including illegal possession and use during a crime, still carry significant penalties.

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    Home » Criminal Defense » Weapons Offenses

    Weapons Charges in Wyoming: What You Need to Know

    Wyoming is among the most permissive states in the country when it comes to firearms and weapons. Constitutional carry is the law, and Wyoming residents have historically had broad rights to own and carry weapons. But even in Wyoming, weapons charges arise — and when they do, they carry real consequences, particularly when the charge involves a prohibited person or the use of a weapon during another crime.

    Types of Weapons Offenses in Wyoming

    Wyoming weapons charges include: possession of a deadly weapon with intent to threaten (Wyo. Stat. § 6-8-103), possession of a firearm or dangerous weapon by a felon or other prohibited person, carrying a concealed weapon while under the influence of alcohol or drugs, possession of illegal weapons (short-barreled rifles, silencers, and certain other federally regulated items), and using or exhibiting a deadly weapon in the commission of a crime. The last category — use of a weapon during another crime — is significant because it can dramatically elevate the penalty for the underlying offense.

    Penalties for Weapons Offenses in Wyoming

    Penalties range from misdemeanors for minor weapons violations to felonies carrying years in state or federal prison. Using a deadly weapon in the commission of a felony enhances the sentence for the underlying crime. Federal weapons charges — particularly those involving prohibited persons or federally regulated weapons — carry their own mandatory minimums and sentencing guidelines that can result in significant federal prison time.

    Defense Strategies for Weapons Charges in Wyoming

    As with gun crimes, the central question in many weapons cases is how the weapon was found. Unlawful searches — traffic stops that exceeded their scope, warrantless searches of homes or vehicles — are common in weapons cases and provide strong grounds for suppression motions. We also challenge constructive possession (was the weapon actually in your control?), the classification of the item as a prohibited weapon, and — in cases where a weapon was used — whether the use was lawful under Wyoming’s self-defense statutes.

    Call Just Criminal Law today for a free case review.

    Related Charges We Also Defend

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    Gun Crimes Firearms-specific charges and the interaction of state and federal law.
    Violent Crimes Weapons use during a violent crime significantly elevates charges.
    Drug Crimes Firearm or weapon possession during a drug crime triggers federal charges.
    Self-Defense Wyoming’s self-defense laws directly affect weapons charge defenses.
    Felonies Prior felony status is the most common basis for weapons prohibition charges.
    Domestic Violence DV convictions trigger federal weapons prohibition regardless of state law.

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      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

      Barney v. State of Wyoming — Wyoming Supreme Court

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      CASE DISMISSED
      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

      State v. Quezada-Lopez — Wyoming Circuit Court

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      CASE DISMISSED
      DUI / DWUI — Wyoming

      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

      State v. Von Olnhausen — Wyoming Circuit Court

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      CASE DISMISSED
      Felony Child Abuse — Wyoming

      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

      State v. Bullinger — Wyoming District Court

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    Frequently Asked Questions About Weapons Charges in Wyoming

    While Wyoming has broad weapons rights, certain items are federally regulated and effectively illegal to possess without proper registration: short-barreled rifles (barrel under 16 inches), short-barreled shotguns (barrel under 18 inches), machine guns manufactured after 1986, and silencers without federal registration. Possession of these items without proper federal paperwork is a federal felony under the National Firearms Act. Wyoming’s permissive state laws do not override federal NFA regulations.

    Yes. Even under Wyoming’s constitutional carry law, carrying a firearm or dangerous weapon while under the influence of alcohol or a controlled substance is a crime. This charge frequently arises alongside DUI charges when a vehicle stop reveals both impaired driving and a weapon. The combination of a DUI and a weapons charge creates significantly more legal exposure than either charge alone.

    Expungement eligibility for weapons charges depends on the specific charge, whether it was a misdemeanor or felony, and the sentence received. Misdemeanor weapons charges may be eligible for expungement after applicable waiting periods. Felony weapons charges have more limited expungement options. Federal weapons convictions generally cannot be expunged. We evaluate expungement eligibility as part of our representation.

    Using or exhibiting a deadly weapon during the commission of a felony is itself an additional criminal charge under Wyoming law and can significantly increase the penalty for the underlying offense. ‘Exhibiting’ a weapon — even just showing it or threatening with it, without firing or striking anyone — can be sufficient. This charge is serious and requires careful evaluation of the facts surrounding both the weapon and the underlying offense.

    Inform the officer calmly and clearly that you have a firearm in the vehicle and where it is located. Do not reach for it. Wyoming officers are accustomed to armed citizens, and disclosing the weapon calmly is generally the safest approach. If you are asked to step out of the vehicle, do so without reaching toward the weapon. If the officer asks to see your weapon or begins questioning you about it in a way that suggests a charge may follow, politely ask for an attorney before answering further questions.

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    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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    We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.

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    Request Your Free Weapons Offense Defense Consultation

    If you have been charged with weapons charges in Wyoming or South Dakota, the sooner you speak with an attorney, the more options you have. Call Just Criminal Law today for a free, confidential case review.

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