CHAPTER 3

APPLICATION PROCESS AND PROCEDURES

Section 1. Original Applications; Contents and Procedure.

1. (a) Each applicant shall complete an official application form prepared by the Division. The applicant shall complete the area of the application marked “To be Completed by Applicant” and shall execute the completed application under oath. Completed applications together with all other required application materials and fees shall be submitted by the applicant to the Sheriff’s Office in the county of the applicant’s residence.

2. (b) Concealed firearm permit application packets will be supplied by the Division to all Sheriff’s Offices throughout the State for distribution to all applicants upon request during regular business hours.

   Individual application packets may also be picked up by applicants from the Division’s office in Cheyenne during regular business hours. Individual application packets may also be mailed to applicants by the Division if they provide large self addressed envelopes stamped with adequate postage.

3. (c) Within 10 days after submitting the completed application package to the Sheriff, the applicant shall bring a completed permit template to the nearest driver’s license office for his photograph to be taken on a permit template. The permit template shall then be marked to show the appropriate expiration date.
4. (d) The driver’s license office shall send the completed permit template with the applicant’s photograph to the Division within 20 days of its preparation.
5. (e) An applicant shall submit a full set of fingerprints of the applicant administered by a law enforcement agency unless administered by the sheriff’s office. The Sheriff’s Office shall take the applicant’s fingerprints if so requested to by the applicant, collect the required application, fingerprinting and fingerprint processing fees, and conduct local background checks. The Sheriff’s Office will then send completed application package to the Division, together with all applicable fees.
6. (f) Once the application package is received, except as hereafter provided, the Division will conduct fingerprint and computer checks on the applicant, plus any criminal history checks that may be necessary. Fingerprint checks shall be identified only to the minimum extent required by the FBI.

7. (g) Upon receipt of the permit template with the applicant’s photograph from the driver’s license office, the Division will match that with the application package and will then either issue or deny the permit based upon available information within 60 days of the Division’s receipt of the application package from the Sheriff. The following procedures shall be followed in the case of a denial:

   1. (i) All denials shall be in writing, and shall succinctly state the basis for the denial of the permit and shall note the statutory or regulatory basis for the denial;
   2. (ii) Notices of denial shall be mailed by certified mail to the applicant at the address shown on the application form;
   3. (iii) Such notices shall inform the applicant of the right to submit to the Division any additional documentation relating to the grounds of denial. An applicant may request copies of information submitted to the division upon which the denial was made. Any such additional documentation may be delivered to the Cheyenne office of the Division provided that it is received within 30 days of the date of the notice of denial. Such additional documentation may be mailed provided that it is sent to the Cheyenne office of the Division via the United States Postal Service with first class postage prepaid and is postmarked within 30 days of the date of the notice of denial;
   4. (iv) Upon receiving any additional documentation, the Division shall reconsider its denial of the permit and inform the applicant in writing of the result of its reconsideration within 20 days. Should the permit be denied after reconsideration, the Division shall also advise the applicant in writing of the right to seek review pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
8. (h) The Division will deliver the permit, if issued, to the Sheriff’s Office of the applicant’s county of residence. The Sheriff’s Office shall promptly notify the permittee, and will distribute the permit to the permittee personally after verifying the permittee’s identity.
9. (i) Any materially false answers on the application shall automatically disqualify an applicant from receiving a permit. Any submission of materially false, altered or forged documents with the application shall automatically disqualify an applicant from receiving a permit.

10. (j) The basic application package will consist of these parts:

    1. (i) A biographical data component;
    2. (ii) Qualifying questions required by W.S. 6-8-104(b)-(g);
    3. (iii) The photo ID/permit template;
    4. (iv) Two fingerprint cards provided by the Division or the Federal Bureau of Investi- gation;
    5. (v) A Statute booklet; and
    6. (vi) Sheriff’s Office completion checklist;

11. (k) The Sheriff shall perform the following duties in processing the application:

    1. (i) Check local law enforcement records to determine his suitability for a permit under the criteria set forth in W.S. 6-8-104(b);
    2. (ii) Determine the applicant’s firearm proficiency and training in accordance with W.S 6-8-104 (b)(vii);
    3. (iii) Notify the chief of police of the applicant’s residence that an application for a con- cealed firearm permit has been made by the applicant. Chiefs of police shall submit written comments on the applicant’s eligibility and suitability to have a permit and shall perform the same duties as speci- fied in subsections (i) and (iv) for Sheriffs;
    4. (iv) Notify the Division in writing about information believed pertinent to the issuance of the permit to any applicant. This written report shall state facts known to the Sheriff which establish reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to himself or others, or to the community at large, as a result of the applicant’s mental or psychological state, as demonstrated by a past pattern or practice of behavior, or participation in incidents involving a con- trolled substance, alcohol abuse, violence or threats of violence as these incidents relate to the criteria listed in W.S. 6-8-104(b);
    5. (v) The Sheriff’s duties will be listed in checklist form on the application and the Sheriff shall certify each duty as it has been completed;
    6. (vi) The Sheriff shall note on each application the date on which it was received. The Sheriff’s written report shall be made within 30 days after the date the Sheriff receives the application.
12. (l) The number of each permit shall be the same as the Wyoming driver’s license number of each applicant. In the event that an applicant has no driver’s license, then the Department of Transporta- tion will assign a number according to its regular procedure at the time the applicant’s photograph is taken.
13. (m) The front of the permit shall be labelled “Wyoming Concealed Firearm Permit” at the top and shall show the applicant’s legal name, address, social security number, date of birth, permit number and physical description, including sex, height, weight and eye and hair color. It shall also display the expiration date of the permit, facsimile signature of the Attorney General and a color photograph of the applicant. The photograph shall be placed in the upper right hand corner of the permit. The permit shall display an embossed handgun silhouette in its center which shall appear in a color distinct from that used on the embossed logo appearing on Wyoming driver’s licenses. The permit shall be sealed in a clear, tamper resistant plastic.
14. (n) The back of the permit shall list the places where Section 6-8-104 prohibits the carrying of concealed weapons and a statement that a violation of Section 6-8-104, or any conviction for any felony or specified misdemeanor shall be cause for the immediate revocation of the permit and that the permit may be seized by any arresting law enforcement officer and returned to the Division.
15. (o) Every applicant for a permit shall provide the Division with his social security number unless written documentation is provided showing proof acceptable to the Division that he has satisfied the federal Social Security Administration and the Internal Revenue Service that his seriously held religious beliefs would be violated by use of his social security number. In the event that the applicant provides satisfactory documentation, the Department of Transportation will assign a special number provided by the Federal Highway Administration for identification and system tracking purposes.
16. (p) Persons lawfully holding valid permits issued by a Wyoming county sheriff prior to March 21, 1994, which were issued under requirements substantially similar to those contained in Chapter 41, 1994 Session Laws of Wyoming, are entitled to file an application under these rules and Chapter 41 without payment of the $50 application fee. “Substantially similar” means the issuing sheriff certifies to the Division that in his opinion he issued the permit following review of the same qualifications required under Chapter 41, 1944 Session Laws of Wyoming.

Section 2. Reissuance of permit upon change of name.

Change of name by any legal proceeding will be made upon submission of an application for such change. A certified copy of the official document which effectuates the name change must be submitted with the application. No fee is required for the change of name application. Procedures for changed name permit shall be as provided by the division. The permittee shall surrender his origi- nal permit before receiving the changed permit.

Section 3. Duplicate permits.

1. (a) If a permit is lost or destroyed, it is automatically invalid.

2. (b) The holder of a permit that has been lost or destroyed may obtain a duplicate permit, which shall be valid for the remaining period of time that the original permit would have been valid for, provided that:

   1. (i) A $5.00 fee is paid to the Division; and
   2. (ii) The holder submits a notarized statement to the Division that the permit has been lost or destroyed.
3. (c) Procedures for a duplicate license shall be as provided by the Division. Once the duplicate license has been received by the Division, it shall be promptly sent to the permittee.

Section 4. Applicant Disqualification.

1. (a) The following circumstances shall cause an application to be disqualified and returned to the applicant without further agency action:

   1. (i) Use of an improper application form;
   2. (ii) Improperly completed or incomplete application;
   3. (iii) Receipt of or fingerprint cards which have not been made by a law enforcement agency;
   4. (iv) Failure to include payment for all required fees;
   5. (v) Any materially false answers on the application or the submission of any materially false, altered or forged documents with the application;
2. (b) If the sheriff’s completion check list is incomplete, the Division shall contact the sheriff’s office and obtain completion of the check list either by phone, mail or fax transmission.

Section 5. Proof of Residency.

1. (a) An applicant shall provide proof of residency at the time his application package is delivered to the Sheriff. A Sheriff may accept as documentary evidence of residency any one or more of the following:

   1. (i) Applicant’s Wyoming driver’s license;
   2. (ii) Applicant’s resident Wyoming hunting, fishing or trapping license for the current year;
   3. (iii) Copies of school or military service records which indicate Wyoming as the applicant’s domicile and home of record;
   4. (iv) A “Proof of Residency Statement” which has been completed and signed by the applicant. Such statement shall be on a form provided by the Division;

Section 6. Payment of Fees.

The Division shall accept payment by mail or in person for the exact amount due by law.

1. (b) The Division will accept payment in person for the exact amount due by law;

Section 7. Requirements for fingerprinting.

1. (a) A standard 8x8 blue fingerprint card is to be used for the purpose of fingerprinting applicants for permits and must contain the following information:

   1. (i) Name;
   2. (ii) Signature of person fingerprinted;
   3. (iii) All aliases used;
   4. (iv) Date of birth;
   5. (v) Citizenship;
   6. (vi) Sex, race, height, weight, eye color, hair color, and place of birth;
   7. (vii) Residence address of person fingerprinted;
   8. (viii) Date fingerprints were taken and signature and title of person taking them;
   9. (ix) Armed forces number if available;
   10. (x) Social security number; and
   11. (xi) Reason fingerprinted.
2. (b) All information shall be either typewritten or printed legibly on the fingerprint cards. Failure to do so, or failure to follow the requirements stated in this section, may result in the card being returned to the Sheriff.
3. (c) The procedures in obtaining fingerprint cards to be submitted to the Division shall com- ply with those specified in Chapter III, Section 3 of the Division’s Criminal History Record Act Rules and Regulations.
4. (d) When fingerprint cards are received for which one or more of the Division’s guidelines for obtaining classifiable prints has not been met, the Division will notify the applicant and advise him that re-fingerprinting will be necessary before the application can be processed. Re-fingerprinting shall be done at no additional cost to the applicant, and the Sheriff shall then submit the new fingerprint card to the Division.

Section 8. Renewal Applications.

1. (a) Any permittee may renew his permit during the 6 month period before the expiration date of his permit by filing with the Sheriff of the county of their residence a renewal form, a notarized affidavit stating the permittee remains qualified pursuant to the criteria specified in W.S. 6-8-104, and by payment of the required nonrefundable renewal fee. The renewal form and a standardized form for the affidavit shall be prepared by the Division;
2. (b) Renewal application packets will be supplied by the Division to all Sheriffs’ Offices for distribution to all applicants upon request during regular business hours. Individual renewal application packets may also be picked up from the Division’s Cheyenne office during regular business hours. Individual renewal application packets may also be mailed to a requesting applicant by the Division if he provides a large self addressed envelope stamped with adequate postage;
3. (c) A permittee desiring a permit with an updated photograph must obtain a new permit template from the Sheriff, and then bring the completed template to a driver’s license office for their photograph to be taken on the permit template. The driver’s license office shall then prepare and send the complete template to the Division as it would with an original template;
4. (d) Sheriffs shall deliver renewal applications, affidavits and fees to the Division within 10 business days of their receipt;
5. (e) A permit shall be renewed for a qualified applicant for a five year period upon receipt of the renewal application, affidavit and proper fee by the Division;
6. (f) The Division will send the renewal permit, if issued, to the Sheriff’s Office that submitted the renewal application. The Sheriff’s Office shall notify the permittee within 5 business days of receipt of the renewal permit, and will deliver the renewal permit to the permittee personally after verifying his identity and taking possession of the original permit from the permittee. The original permit shall be returned in a secure manner to the Division within 10 business days of its receipt;
7. (g) A permittee who fails to file a renewal application on or before the expiration date of the permit may renew the permit by paying a late fee of $10.00 to the Division in addition to the required renewal fee set by W.S. 6-8-104, and by following the renewal application process described herein if such renewal application is made within 6 months of the expiration of the original permit;
8. (h) No permit shall be renewed 6 months or more after its expiration date. Any permit which has not been renewed within 6 months of its expiration date shall been deemed to have permanently expired. A person whose permit has permanently expired may reapply for a permit under the application procedure established for the initial issuance of permits.