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EspañolI am a victim of domestic violence and the abuser has a gun. Is that legal?
Wyoming state law says that a person cannot have or buy a gun if the person has been convicted of or pled guilty to committing or attempting to commit a felony or violent felony.1 Although Wyoming does not have specific gun restrictions that apply when an order of protection is in place, you can still ask the judge to include a provision in your order that forbids the abuser to have, own, or buy a gun. The judge is allowed to grant “other injunctive relief” that is necessary to protect you, which can include gun restrictions.2
There is a box on both the ex parte order of protection form and the final order of protection form, which allows the judge to order that the abuser cannot have or buy a gun.3 If the judge includes gun restrictions in your order, then it may be unlawful for the abuser to have or buy a gun under Wyoming state law. In addition, federal law, which applies to all states, makes it illegal to have a firearm when a final order of protection is in place. Go to Federal Gun Laws to get more information.
Additionally, Wyoming has a law called the Firearms Freedom Act (FFA), which says that guns that are manufactured in Wyoming and kept in Wyoming at all times are excused from the federal gun laws limitations on firearms.4 However, the FFA does make it illegal for someone to have or buy one of these Wyoming-made guns that are always kept in Wyoming if any of the following apply:
- s/he was convicted of a felony in any state or territory of the United States;
- s/he is currently considered legally incompetent by a judge in a court order;
- s/he is or has been committed to a mental institution; or
- s/he is under age 18, for a rifle or shotgun, or under age 21, for a handgun.5
It is not clear if Wyoming state lawmakers are allowed to pass a law that says the federal firearms laws do not apply. Please talk to a lawyer who is familiar with the Wyoming FFA for advice about your situation if you believe that the abuser has a Wyoming-made gun that has always been kept in Wyoming.
1 Wyo. Stat. § 6-8-102
2 Wyo. Stat. § 35-21-105(a)(vi)
3 See DV Ex Parte Order of Protection form and DV Order of Protection Form
4 Wyo. Stat. §§ 6-8-102; 7-13-105
5 Wyo. Stat. § 6-8-404(c)
