Wyoming Carrying Under the Influence

The Headline

Wyoming prohibits concealed carry while intoxicated. The CFP framework at Wyo. Stat. Sec. 6-8-104(b)(vi) and (vii) bars a permit applicant who chronically and habitually uses alcohol or controlled substances to the extent that normal faculties are impaired. The concealed-carry exemption at Wyo. Stat. Sec. 6-8-104(a)(iv) (permitless carry) and (a)(ii) (vehicle exemption) is conditioned on being "legally allowed to possess a firearm" - a person actively intoxicated and carrying may also be charged under impairment-based criminal statutes. Federal LEOSA (18 U.S.C. 926C) for qualified retired and active law enforcement officers expressly prohibits carry while "under the influence of alcohol or another intoxicating or hallucinatory drug or substance."

State statutory framework

Wyoming does not have a single dedicated "carrying under the influence of alcohol" misdemeanor. The framework instead works through several overlapping provisions:

• Wyo. Stat. Sec. 6-8-104(b)(vi) - CFP disqualifier for a person who "chronically or habitually uses alcoholic beverages to the extent that his normal faculties are impaired." This is a permit-eligibility provision, not a carry-time prohibition.
• Wyo. Stat. Sec. 6-8-104(b)(vii) - CFP disqualifier for a person who chronically or habitually uses a controlled substance to the extent that normal faculties are impaired.
• Wyo. Stat. Sec. 6-2-504 (reckless endangerment) - a person who recklessly engages in conduct that places another in danger of death or serious bodily injury. Carrying a firearm while substantially impaired can support a reckless-endangerment charge under appropriate facts.
• Wyo. Stat. Sec. 6-2-502 (aggravated assault) - threatening with a deadly weapon. An impaired carrier whose conduct moves from carry to threatening or display in an argument exposes themselves to felony aggravated assault.
• Wyo. Stat. Sec. 31-5-233 (driving while under the influence) - the standard DUI statute. A firearm in the vehicle of an arrested DUI driver is not itself a separate offense, but it does come up in officer-safety processing of the stop.

Federal overlay

• 18 U.S.C. 922(g)(3) prohibits firearm possession by any person who is "an unlawful user of or addicted to any controlled substance." A medical marijuana cardholder or recreational user in any state remains a prohibited person federally and may not lawfully possess a firearm. The Bipartisan Safer Communities Act and post-Bruen litigation have narrowed enforcement; the rule remains on the books.
• 18 U.S.C. 922(g)(4) - prohibited if adjudicated as having a mental defect or committed.
• 18 U.S.C. 926C (LEOSA) - retired and active LEOs may not carry under LEOSA while intoxicated.

What "under the influence" means in Wyoming

Wyoming has no statutory BAC threshold for carrying. The general standard is impairment to the extent of being unable to safely handle a firearm. This is a fact-specific determination courts make based on:

• Observed coordination, speech, balance.
• Witness testimony about behavior.
• Officer-administered field sobriety tests if conducted.
• Chemical test results if obtained (typically incidental to a separate stop).

The CFP eligibility provisions speak in terms of "chronic or habitual" use that impairs "normal faculties," which is an applicant-status test, not a moment-in-time intoxication test. The carry-time prohibition is enforced through reckless-endangerment and aggravated-assault statutes when impairment converts a lawful carry into reckless or threatening conduct.

Practical guidance

• Do not carry concealed (under permit or permitless) while drinking. The legal exposure begins as soon as the carrier's judgment is impaired.
• A person under the influence who is using a firearm in self-defense still has the right to defend themselves; the impairment does not strip the right but it does affect the reasonableness analysis under Wyo. Stat. Sec. 6-2-602.
• Federal LEOSA carriers (retired and active LEOs) must not carry while intoxicated; the federal prohibition is express.
• The DUI driver framework (Wyo. Stat. Sec. 31-5-233) applies independently. A driver may not operate a vehicle while impaired regardless of whether a firearm is present.

Bars, restaurants, and alcohol-licensed establishments

After HB 125 (2024), Wyoming no longer categorically prohibits concealed carry inside an establishment licensed for on-premises alcohol consumption. The carrier remains responsible for not becoming impaired and for the establishment's posted rules. Many bars post against firearms; respect the posting or trespass exposure attaches.

See PROHIBITED_PLACES.

Marijuana and federal prohibited-person status

Wyoming has no medical or recreational marijuana program. Possession of marijuana remains illegal under state law (Wyo. Stat. Sec. 35-7-1031). A Wyoming resident who uses marijuana - including legally in another state - is a prohibited person under 18 U.S.C. 922(g)(3) and may not lawfully possess a firearm. This is a recurring trap for Wyoming residents who use marijuana while traveling.

Chronic alcohol use and CFP eligibility

A CFP applicant with a history of:

• Multiple DUI convictions (typically two or more within a defined lookback period).
• An admission of habitual or chronic alcohol use during the application interview.
• A DCI investigation that uncovers court-ordered alcohol treatment.

may be denied under Wyo. Stat. Sec. 6-8-104(b)(vi). Denial is appealable; the applicant may submit treatment records, abstinence documentation, and other evidence to challenge the denial.

Penalty structure

• Carrying concealed by a person who is not "legally allowed to possess" (the threshold under (a)(iv)) - misdemeanor first offense under Wyo. Stat. Sec. 6-8-104; up to 6 months and $750 fine. Felony second offense.
• Reckless endangerment (Wyo. Stat. Sec. 6-2-504) - misdemeanor, up to 1 year and $1,000 fine.
• Aggravated assault (Wyo. Stat. Sec. 6-2-502) - felony, up to 10 years and $10,000.
• Federal 18 U.S.C. 922(g) - felony, up to 15 years; up to 25 under ACCA.

Summary

Wyoming does not have a single dedicated "carrying under the influence" statute, but the combination of CFP eligibility rules, reckless-endangerment, aggravated-assault, federal prohibited-person status, and the standard DUI framework creates substantial exposure for a person who carries while intoxicated. The conservative practice - and the one Wyoming sheriffs uniformly recommend - is not to carry when drinking, using controlled substances, or otherwise impaired.

Current as of May 2026.