Wyoming Statutes

Wyo. Stat. § 6-8-102 (2026)

Use or possession of firearm by person convicted

✓ current as of May 2026
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of certain felony and misdemeanor offenses; penalties;
exception.

     (a) Any person who has previously pleaded guilty to or
been convicted of committing or attempting to commit a violent
felony, and has not been pardoned or has not had the person's
rights restored pursuant to W.S. 7-13-105(a) or (f) or the laws
of the jurisdiction in which the conviction was entered and who
uses or knowingly possesses any firearm is guilty of a felony
punishable by imprisonment for not more than three (3) years, a
fine of not more than five thousand dollars ($5,000.00), or
both.

     (b) As used in this section "firearm" does not include an
"antique firearm" as defined in W.S. 6-8-403(a)(viii).

     (c) Any person who has previously pleaded guilty to or
been convicted of committing or attempting to commit a felony
that is not a violent felony and has not been pardoned or has
not had the person's rights restored pursuant to W.S. 7-13-
105(a) or (f) or the laws of the jurisdiction in which the
conviction was entered and who uses or knowingly possesses any
firearm is guilty of a misdemeanor punishable by imprisonment
for not more than six (6) months, a fine of not more than seven
hundred fifty dollars ($750.00), or both.
Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1979–2026 · leading case: Nimmo v. State, 603 P.2d 386 (Wyo. 1979).
Nimmo v. State, 603 P.2d 386 (Wyo. 1979). · cites it 17× “1957, as amended, now being § 6-8-102, W.S. 1977, and it is from these convictions that he pursues this appeal.”
Harris v. State, 2006 WY 76 (Wyo. 2006). · cites it 25× “Harris was charged under Wyo. Stat. Ann. § 6-8-102 (LexisNexis 2005) which prohibits a person previously convicted of a violent felony from possessing a firearm.”
McInturff v. State, 808 P.2d 190 (Wyo. 1991). · cites it 10× “1987), receiving, concealing or disposing of stolen property with a value of more than $500, and for violation of W.S. 6-8-102 (June 1983 Repl.), felon in possession of a firearm.”
Ballinger v. Thompson, 2005 WY 101 (Wyo. 2005). · cites it 2× “2003) (discussing federal regulation), and Wyo. Stat. Ann. § 6-8-102 (LexisNexis 2005), which provides: “Any person who has previously pleaded guilty to or been convicted of committing or attempting to commit a violent felony or a felony under W.”
Lee v. State, 2 P.3d 517 (Wyo. 2000). · cites it 2× “In light of the overwhelming evidence demonstrating Lee's active involvement in illegal drug activities involving both methamphetamine and marijuana as well as his violation of Wyo. Stat. Ann. § 6-8-102 (Lexis 1999), prohibiting possession of a firearm by anyone previously…”
Adam James Broussard v. State, 2017 WY 73 (Wyo. 2017). · cites it 2× “§ 6-2-401 (a)(c)(ii) (LexisNex-is 2015) and one count of use or possession of a firearm in violation of Wyo. Stat. Ann. § 6-8-102 . He entered a guilty plea to the use or possession of a firearm charge and does not challenge his conviction on that charge in this appeal.”
Smith v. State, 871 P.2d 186 (Wyo. 1994). · cites it 2× “§ 6-3-301(c)(i) and (ii) (1988), and one count of use and possession of a firearm by a convicted felon, Wyo. Stat. § 6-8-102 (1988). Smith admitted to the shooting, but claimed he accidentally shot Marvin and acted in self-defense in shooting Samuels.”
Howard v. State, 762 P.2d 28 (Wyo. 1988). · cites it 2× “20 for a battery in violation of W.S. 6-8-102 (now W.S. 6-5-303, 1983 Replacement).”
Gabbert v. State, 420 P.3d 172 (Wyo. 2018). · cites it 2× “§§ 6-3-402 (a) and (c)(i) (LexisNexis 2017); one count of unlawful possession of a firearm, in violation of Wyo. Stat. Ann. § 6-8-102 (LexisNexis 2015) ; and one count of possession of a deadly weapon with unlawful intent, in violation of Wyo.”
Santos Michael Munoz, Jr. v. The State of Wyoming, 2024 WY 103 (Wyo. 2024). · cites it 2× “Munoz with violating Wyoming Statute § 6-8-102(a) (LexisNexis 2021), which states: Any person who has previously pleaded guilty to or been convicted of committing or attempting to commit a violent 2 felony, and has not been pardoned or has not had the person’s rights restored…”
Poole v. State, 152 P.3d 412 (Wyo. 2007). · cites it 9× “[14] In separate felony informations, the State charged Poole with the unlawful use or possession of a firearm by a convicted felon, as proscribed by Wyo. Stat. Ann. § 6-8-102 (LexisNexis 2005), and one count of felony aggravated assault with a deadly weapon, as proscribed by…”
Reay v. State, 800 P.2d 499 (Wyo. 1990). · cites it 7× “It reads: “Defendant Stephen Vance Reay entered a guilty plea to a charge of unlawfully possessing a firearm, having been previously convicted of or pleaded guilty to a violent felony in violation of W.S. 6-8-102. He now seeks to withdraw that guilty plea.”
— Wyo. Stat. § 6-8-102(a) — 2 cases
Santos Michael Munoz, Jr. v. The State of Wyoming, 2024 WY 103 (Wyo. 2024). “Munoz with violating Wyoming Statute § 6-8-102(a) (LexisNexis 2021), which states: Any person who has previously pleaded guilty to or been convicted of committing or attempting to commit a violent 2 felony, and has not been pardoned or has not had the person’s rights restored…”
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