State of Wyoming v. BATF Amicus Curiae Brief for Gun Owners Foundation in District Court

Michael Harless Constitutional Law, U. S. District Court, State of Wyoming

Today, our firm filed an amicus curiae brief for Gun Owners Foundation in the U.S. District Court for the State of Wyoming on behalf of the State of Wyoming, and the Wyoming Attorney General, Patrick J. Crank.

The brief was submitted in opposition to a BATF ruling that a Wyomingconcealed carry permit based on a Montana criminal background check is not sufficient to allow an FFL dealer to transfer a firearm without obtaining a current federal National Instant Criminal Background Check.  BATF objected to a provision in Wyoming law that permits an expungement of a misdemeanor crime of domestic violence so that it cannot be reviewed by the Wyoming Attorney General in conducting a criminal background check before issuing a concealed carry permit, while allowing the record to be maintained for use for other purposes.

At stake in this case is the federalist principle that the states, not the federal government, have the primary responsibility to govern firearms use and ownership.

Link to brief