Balderson v. State

Appellant pled no contest to one felony count of aggravated assault and battery and one count of misdemeanor battery. Appellant appealed, claiming that he should be permitted to withdraw his plea because he was not properly advised. Specifically, Appellant claimed that the district court erred in failing to advise him at arraignment of the potential loss of firearm rights and any impact that loss might have on employment in occupations that require the use of a firearm, as required by Wyo. Stat. Ann. 7-11-507. The State argued that firearms advisements not be required for Defendants with prior convictions that disqualify them from possessing firearms under federal law. The Supreme Court set Appellant's conviction aside, holding that the district court erred in failing to advise Appellant of the potential loss of his firearms rights under federal law, as section 7-11-507 applies to all defendants facing a charge that may, under federal law, result in loss of firearms rights and employment requiring possession of a firearm. View "Balderson v. State" on Justia Law