Does Wyoming Have a Brandishing Law?

brandishing a weapon charge

It’s challenging to be a responsible gun owner nowadays. You have to keep up with ever-changing laws, permitting, and state-by-state reciprocity rules. We know you do your best, and we want to help you abide by the law.

Wyoming doesn’t have a statute that prohibits brandishing a weapon. However, that doesn’t mean you can’t get in trouble for where and how you display or use a firearm.

If you’re facing a weapons charge in Natrona County, don’t let your emotions get the better of you. Call Cowboy County Criminal Defense and invoke your Constitutional right to defend yourself.

What Is Brandishing a Firearm?

Traditionally, violating a brandishing law meant you displayed a weapon. The definition of brandishing means to wave or flourish something as a threat, or in your anger or excitement.

Is Brandishing a Firearm Illegal in Wyoming?

It depends on the circumstances. Wyoming doesn’t have a statute that specifically outlaws displaying a firearm or other weapon. You won’t see the word “brandishing” in any laws. In fact, open and concealed carry are legal in the state, so there are many situations in which you may have a firearm with you.  

However, the police can arrest you if you deliberately aim a gun at someone or display a firearm during other criminal conduct. The specific facts in your case dictate whether you are charged and for which crime.

  • Aggravated assault and battery (WY Stat. §6-2-502): You can be charged with a felony if you intentionally cause or try to cause someone harm with a deadly weapon, or if you threaten to use a drawn deadly weapon. You face up to 10 years in prison.
  • Reckless endangering (WY Stat. §6-2-504): You can be charged with a misdemeanor if you knowingly point a firearm at or in the direction of another person, whether or not you believe the gun’s loaded. You can be imprisoned for up to one year.
  • Breach of peace (WY Stat. §6-6-102): If you disturb the peace of a community through unreasonable noise; threatening, abusive, or obscene language; or violent actions, you face a misdemeanor punishable by up to six months of imprisonment and fines up to $750.
  • Use of a firearm while committing a felony (WY Stat. §6-8-101): If you use a firearm while committing a felony, you face up to 10 years in prison in addition to the penalty for the felony offense. If this is your second or third time facing this charge, you can be imprisoned for an additional 20 years.
  • Possession of firearm by person convicted of certain felonies (WY Stat. §6-8-102): If you’ve previously been convicted of a violent felony or a felony for interfering with a peace officer, then you can face another felony offense for knowingly using or possessing a firearm. This offense is punishable by up to three years in prison and fines up to $5,000.
  • Possession of deadly weapon with unlawful intent (WY Stat. §6-8-103): You face a felony offense if you knowingly possess, manufacture, transport, repair, or sell a deadly weapon with the intent to unlawfully threaten the life or well-being of another person, or to assault or inflict injury. It’s punishable by up to five years in prison and fines up to $1,000.

If the police arrest you for an assault or weapons crime, call defense attorney Jeremy Hugus right away.

Is Brandishing a Firearm a Felony?

Many Wyoming firearm offenses are felonies. When you’re facing a weapons charge, it’s best to reach out to an experienced defense attorney for help. Felony crimes can be punished with years in prison, probation, and stiff fines. You may also face a number of collateral consequences, like losing your right to own a firearm in the future.

Can I Be Charged with Brandishing a Firearm for Open Carry?

No, open carry is not the same as brandishing a weapon. Wyoming allows anyone 18 years or older to carry a firearm openly in public. As of July 1, 2021, it’s also legal to conceal carry a firearm in Wyoming without a permit if you’re 21 years or older and meet other eligibility requirements. You don’t have to be a U.S. citizen or a resident of the state.

Charged with a Gun Crime?

If a prosecutor has filed gun crime charges, you can and should fight back with the help of Casper criminal defense lawyer Jeremy Hugus.

We have been serving our Wyoming community for years and have helped numerous clients achieve successful results in their criminal cases. Reach out to Cowboy Country Criminal Defense at 307-333-7884 or through our online form.

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