The state of Wyoming passed a law in 2004 that allowed for expungement of misdemeanor domestic violence convictions restoring the firearms rights disabled by the Lautenberg Amendment. The expungement would allow a previously prohibited person to acquire a state ccw. Existing law allowed ccw holders to acquire firearms with going through the federal NICS check.

In August of 2004 the BATFE began a series of letters to Wyoming.  The letters said that the state definition of 'expungement' conflicted with the federal definition, which controlled the definition of prohibited persons. Because the state could issue a ccw to a prohibited person, the Wyoming ccw was no longer sufficient to bypass the NICS check.

The issues were:

1. a state expungement would not be recognized at the federal level, so Lautenberg Victims would remain prohibited persons, and
2. as long as the state would issue ccws to expunged persons, a Wyoming ccw would not be adequate in place of a NICS check.

The BATFE remedy was to require that ccw permits not be issued to expunged persons or ccw holders would need to pass the federal NICS check. The NICS check change was to become effective May 15, 2006.

Wyoming filed suit May 8, 2006. Wyoming is arguing that the BATFE, in determining to not recognize the state expungement, is exceeding its authority.

Until the suit is resolved, there is an agreement to not issue CCWs to expunged people and to allow CCWs to continue to be valid in place of a NICS check.

On August 16, Wyoming filed their brief. You can read it here.

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