Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 8 - WEAPONS / Article 1 - WEAPONS OFFENSES
Wyoming Statutes

Wyo. Stat. § 6-8-101 (2026)

Use of firearm while committing felony;

✓ current as of May 2026
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subsequent convictions; penalties; applicability of provisions.

     (a) A person who uses a firearm while committing a felony
shall be imprisoned for not more than ten (10) years in addition
to the punishment for the felony. For a second or subsequent
conviction under this section a person shall be imprisoned for
not more than twenty (20) years in addition to the punishment
for the felony.

     (b) Subsection (a) of this section does not apply to those
felonies which include as an element of the crime the use or
possession of a deadly weapon.
Notes of Decisions
Cited in 14 cases, 1978–2016 · leading case: Bilderback v. State, 13 P.3d 249 (Wyo. 2000).
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Bilderback v. State, 13 P.3d 249 (Wyo. 2000). · cites it 5× “Wyo. Stat. Ann. § 6-8-101 (LEXIS 1999). Under the statutory elements test alone, the two charges have different elements.”
Szymanski v. State, 2007 WY 139 (Wyo. 2007). · cites it 2× “Szymanski was charged with first degree arson in violation of Wyo. Stat. Ann. § 6-8-101 (a) and (b) (LexisNexis 2007).”
Nimmo v. State, 603 P.2d 386 (Wyo. 1979). · cites it 2× “See listing of these provisions prior to § 6-8-101, W.S. 1977. We would have to conclude that such words would have been mere surplusage, in order to conclude that the intent element manifested by such language is present in § 6-8-102.”
Beck v. State, 2005 WY 56 (Wyo. 2005). · cites it 4× “§ 6-5-204 (LexisNexis 2003), and one count of using a firearm in the course of committing a felony, Wyo. Stat. Ann. § 6-8-101 (a) (LexisNexis 2003), each of which carry a maximum sentence of 10 years imprisonment.”
Todd Lee Harnden v. State, 2016 WY 92 (Wyo. 2016). · cites it 2× “We have discussed the use of the word "malice" in its legal context before: In the present context, that means that in 1982 when the legislature adopted Wyo. Stat. Ann. § 6-8-101 (a) as part of the new criminal code, it was aware of the definition of malice that this Court has…”
Gabbert v. State, 2006 WY 108 (Wyo. 2006). · cites it 2× “§ 35-7-1042 (LexisNexis 2005), and one count of using a firearm during the commission of felonies in violation of Wyo. Stat. Ann. § 6-8-101 (LexisNexis 2005).”
Smith v. State, 2008 WY 98 (Wyo. 2008). · cites it 2× “§ 6-8-1038 (LexisNexis 2007); use of a firearm while committing a felony, in violation of Wyo. Stat. Ann. § 6-8-101 (LexisNexis 2007); and first degree murder, in violation of Wyo.”
Ivan Lee Sweets, Sr. v. The State of Wyoming, 2013 WY 98 (Wyo. 2013). “We must carefully examine the facts of this case and determine whether this defendant's offenses under § 6-1-30l(a)() and § 6-2-104 could have occurred without the defendant nee-essarily committing an offense under § 6-8-101(a). They could not. Bilderback, 18 P.”
DeShields v. State, 534 A.2d 630 (Del. 1987). “1986); Wyo.Stat. § 6-8-101(a)(1985). Therefore, we grant substantial deference to the Legislature’s authority and hold that a thirty year sentence for possession of a deadly weapon during the commission of a felony is not disproportionate to the crime committed: in this case,…”
Edwards v. State, 577 P.2d 1380 (Wyo. 1978). · cites it 2× “[§ 6-8-101, W.S.1977], 1 and sentenced to a penitentiary term of not less than 18 months nor more than two years.”
State v. King, 48 P.3d 396 (Wyo. 2002). · cites it 4× “*403 Wyo. Stat. Ann. § 6-8-101 (LEXIS 1999). Under the statutory elements test alone, the two charges have different elements.”
Smith v. State, 721 P.2d 1088 (Wyo. 1986). · cites it 6× “1977, and one count of perjury under § 6-8-101, W.S.1977. 1 *1090 We affirm. Appellant raises the following issues: “1.”
Show all 14 citing cases →
— Wyo. Stat. § 6-8-101(a) — 4 cases
Ivan Lee Sweets, Sr. v. The State of Wyoming, 2013 WY 98 (Wyo. 2013). “We must carefully examine the facts of this case and determine whether this defendant's offenses under § 6-1-30l(a)() and § 6-2-104 could have occurred without the defendant nee-essarily committing an offense under § 6-8-101(a). They could not. Bilderback, 18 P.”
Bilderback v. State, 13 P.3d 249 (Wyo. 2000). “Wyo. Stat. Ann. § 6-8-101 (LEXIS 1999). Under the statutory elements test alone, the two charges have different elements.”
State v. King, 48 P.3d 396 (Wyo. 2002). “*403 Wyo. Stat. Ann. § 6-8-101 (LEXIS 1999). Under the statutory elements test alone, the two charges have different elements.”
Daves v. State, 2011 WY 47 (Wyo. 2011).
— Wyo. Stat. § 6-8-101(a)(1985) — 1 case
DeShields v. State, 534 A.2d 630 (Del. 1987). “1986); Wyo.Stat. § 6-8-101(a)(1985). Therefore, we grant substantial deference to the Legislature’s authority and hold that a thirty year sentence for possession of a deadly weapon during the commission of a felony is not disproportionate to the crime committed: in this case,…”
— Wyo. Stat. § 6-8-101(b) — 2 cases
Bilderback v. State, 13 P.3d 249 (Wyo. 2000). “Wyo. Stat. Ann. § 6-8-101 (LEXIS 1999). Under the statutory elements test alone, the two charges have different elements.”
State v. King, 48 P.3d 396 (Wyo. 2002). “*403 Wyo. Stat. Ann. § 6-8-101 (LEXIS 1999). Under the statutory elements test alone, the two charges have different elements.”
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