Wyoming "Constitutional Carry" Unconstitutional?

[IronSight]

Alright gang, here's a question.

According to what I've found Wyoming has "Constitutional Carry" for residents, but still requires a permit for non-residents. This will come into effect on July 1st I believe.

For those of you who don't know, there's this little issue of "right to travel".

Wyoming Statute 6-8-104 will state:

(a) A person who wears or carries a concealed deadly weapon is
guilty of a misdemeanor punishable by a fine of not more than
seven hundred fifty dollars ($750.00), imprisonment in the
county jail for not more than six (6) months, or both for a
first offense, or a felony punishable by a fine of not more than
two thousand dollars ($2,000.00), imprisonment for not more than
two (2) years,or both, for a second or subsequent offense,
unless:

...

(iv) The person does not possess a permit issued under this
section, but otherwise meets the requirements specified in
paragraphs (b)(i) through (vi), (viii) and (ix) of this section
and possession of the firearm by the person is not otherwise
unlawful.

So, let's take a look at subsection (b) there.

(b) The attorney general is authorized to issue permits to
carry a concealed firearm to persons qualified as provided by
this subsection. The attorney general shall promulgate rules
necessary to carry out this section no later than October 1,
1994. Applications for a permit to carry a concealed firearm
shall be made available and distributed by the division of
criminal investigation and local law enforcement agencies. The
permit shall be valid throughout the state for a period of five
(5) years from the date of issuance. The permittee shall carry
the permit, together with valid identification at all times when
the permittee is carrying a concealed firearm and shall display
both the permit and proper identification upon request of any
peace officer. The attorney general through the division shall
issue a permit to any person who:

(i) Is a resident of the United States and has been a
resident of Wyoming for not less than six (6) months prior to
filing the application. The Wyoming residency requirements of
this paragraph do not apply to any person who holds a valid
permit authorizing him to carry a concealed firearm authorized and issued by a governmental agency or entity in another state
that recognizes Wyoming permits and is a valid statewide permit;

(ii) Is at least twenty-one (21) years of age;
(iii) Does not suffer from a physical infirmity which
prevents the safe handling of a firearm;
(iv) Is not ineligible to possess a firearm pursuant to
18 U.S.C. section 922(g) or W.S. 6-8-102;
(v) Has not been:
(A) Committed to a state or federal facility for the
abuse of a controlled substance, within the one (1) year period
prior to the date on which application for a permit under this
section is submitted;
(B) Convicted of a felony violation of the Wyoming
Controlled Substances Act of 1971, W.S. 35-7-1001 through 35-7-
1057 or similar laws of any other state or the United States
relating to controlled substances and has not been pardoned; or
(C) Convicted of a misdemeanor violation of the Wyoming
Controlled Substances Act of 1971, W.S. 35-7-1001 through
35-7-1057 or similar laws of any other state or the United
States relating to controlled substances within the one (1) year
period prior to the date on which application for a permit under
this section is submitted.
(vi) Does not chronically or habitually use alcoholic
liquor and malt beverages to the extent that his normal
faculties are impaired. It shall be presumed that an applicant
chronically and habitually uses alcoholic beverages to the
extent that his normal faculties are impaired if the applicant
has been involuntarily committed, within the one (1) year period
prior to the date on which application for a permit under this
section is submitted, to any residential facility pursuant to
the laws of this state or similar laws of any other state as a
result of the use of alcohol;

...

(viii) Is not currently adjudicated to be legally
incompetent; and
(ix) Has not been committed to a mental institution.

So, any new resident of Wyoming who has not yet been a resident for six months and comes from a State where no license can be issued to them, cannot apply for a license or carry "constitutionally" without one. Also, a person in a State where a license is unobtainable is unable to carry in Wyoming, either "constitutionally" or with a permit, since they can't meet the residency requirements of Wyoming while simply visiting.

The Supreme Court has been fairly clear over the years about something, we have a right to travel; dealing with welfare benefits they've been very strict about this as well:

SHAPIRO V. THOMPSON1. The statutory prohibition of benefits to residents of less than a year creates a classification which denies equal protection of the laws because the interests allegedly served by the classification either may not constitutionally be promoted by government or are not compelling governmental interests.

Now, obviously this is dealing with welfare benefits, but it seems to me that penalizing the exercise of a constitutional right (outright prohibiting it) until a residency time-line is met, is in fact more of a breach than denying State benefits.

In fact, the Supreme Court has recognized that Congress is right to ban States from implementing a durational residency requirement in regards to the exercise of a right, at least in regards to national voting rights.

One would think the same about second amendment rights, no?

OREGON V. MITCHELLThe right to vote in national elections is a privilege and immunity of national citizenship and the congressional judgment to ban durational residency requirements in presidential and vice-presidential elections is a manifestly permissible means of enforcing that privilege and immunity under § 5 of the Fourteenth Amendment.

...

There is adequate constitutional basis for the residency provisions of the Act in § 5 of the Fourteenth Amendment, as there is ample justification for the congressional findings that durational residence requirements abridge the right of free interstate migration and that such requirements are not reasonably related to any compelling state interests.

It appears obvious to me, that any new Wyoming resident who comes from a State that makes a permit/license unobtainable, is relegated to a separate class of citizen from one who moves in with a license from a less restrictive State, until that person hits the arbitrary six-month durational residency requirement.

This appears to me to be a blatant violation of the "right to free interstate migration" and patently unconstitutional.

[Ricochet]

If thats correct that sucks.

When I was a Colorado resident I would often CC in my vehicle and OC outside my vehicle in Wyoming and the police didn't at all have a problem with it.

[knight0334]

If WY law truly prohibits non-residents from practicing the same rights as residents of that state, it would be unconstitutional via Article IV Section 2 of the US Constitution and Amendment XIV Section 1.

[mrjam2jab]

I brought this up when the law passed back in March...but it didn't go anywhere...

[IronSight]

I brought this up when the law passed back in March...but it didn't go anywhere...

Now that you mention it, I've looked at PA law a bit and we seem to have an eerily similar situation.

A person from NJ, CA, MD, etc, moves here and is completely unable to carry until they become a resident, even if they've moved here with the full intention of being a resident (already signed the lease, actually physically moved, etc). They can't even apply for a PA LTCF until they are a resident because their home States that they've abandoned are too restrictive.

Someone moving from Florida, however, doesn't have that problem. They simply get a license from Florida before moving, and are free to carry in Penn. on that license, and they can apply for a PA LTCF right away as a result before officially obtaining residency.

...

I'll be reaching out to the Wyoming groups that got this passed to see about correcting it ASAP, and getting in touch with everyone in PA to see about addressing the similar situation here. (Although the situation is distinctly different as it affects potential residents and not actual residents here.)

[DVC]

It appears obvious to me, that any new Wyoming resident who comes from a State that makes a permit/license unobtainable, is relegated to a separate class of citizen from one who moves in with a license from a less restrictive State, until that person hits the arbitrary six-month durational residency requirement.

This appears to me to be a blatant violation of the "right to free interstate migration" and patently unconstitutional.

Unfortunately, the Supremes have found that a person from one state does not enjoy the same rights as a person from another state -- or PA would have Constitutional Carry (or maybe even New York).

[IronSight]

Unfortunately, the Supremes have found that a person from one state does not enjoy the same rights as a person from another state -- or PA would have Constitutional Carry (or maybe even New York).

This isn't about equality across the several States, it's about equal rights for residents of a single State.

I think you've missed the point.

[knight0334]

Unfortunately, the Supremes have found that a person from one state does not enjoy the same rights as a person from another state -- or PA would have Constitutional Carry (or maybe even New York).

True, but anyone in a given state no matter if they are resident or not has the same rights, privileges, and immunities as the residents themselves have in that given state. I don't have the same rights, privileges and immunities as a person in Vermont, when I'm in Pennsylvania. But I do have the same rights, privileges, and immunities as a resident of Wyoming when I am in Wyoming.

[DVC]

True, but anyone in a given state no matter if they are resident or not has the same rights, privileges, and immunities as the residents themselves have in that given state.

Not true.

There are few exceptions, but there are SOME, and once the door is open, that makes room for other things.

When I visit Arizona, I am able to enjoy the Constitutional Carry that they have there, and have always been able to enjoy OC there, even when I wasn't a resident of the state. But if I want a hunting license, I need to prove residency or I pay more for it. If I wanted to go to college, I would have to pay nonresident tuition rates.

While I am here in PA, if I find a pistol that I would like to buy, I would have to have it shipped to an FFL in Nevada, even though I'm going to be here for several months, because I am not a PA resident.

Wyoming is applying the same logic to their Constitutional Carry law that they apply to hunting licenses, no more, no less. This is within their powers as a state. Rather than complaining that they are going against the Constitution, we should encourage them to adjust the law the next time around.

For that matter, instead of seeing complaints about what Wyoming has done, I SHOULD be seeing a strong campaign going to get Constitutional Carry for Pennsylvania -- even if it's for residents only. Where is it?

[andrewjs18]

good eye, ironsight!