HB0057 • 2008

Emergency powers-right to bear arms.

AN ACT relating to homeland security; explicitly restricting the power to confiscate firearms in an emergency; providing exceptions; adding definitions; and providing for an effective date.

Firearms Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Jaggi
Last action: 2008-03-07
Official status: enrolled
Effective date: 7/1/2008

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0057HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0057SW001

Committee of the Whole • ROSS

Adopted

Plain English: Adopted Committee of the Whole by ROSS

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2008-03-07 LSO
Assigned Chapter Number - 61
2008-03-07 Governor
Governor Signed HEA0029
2008-03-05 Senate
S President Signed HEA No. 0029
2008-03-04 House
H Speaker Signed HEA No. 0029
2008-03-04 LSO
Assigned Number HEA0029
2008-03-03 House
H Did Concur
2008-03-03 House
H Received for Concurrence
2008-03-03 Senate
S Passed 3rd Reading
2008-02-29 Senate
S Passed 2nd Reading
2008-02-28 Senate
S Passed CoW
2008-02-28 Senate
S Amendments Adopted
2008-02-28 Senate
Amendment Adopted
2008-02-27 Senate
S Placed on General File
2008-02-27 Senate
S01 Recommended Do Pass
2008-02-21 Senate
S Introduced and Referred to S01
2008-02-21 Senate
S Received for Introduction
2008-02-20 House
H Passed 3rd Reading
2008-02-19 House
H Passed 2nd Reading
2008-02-18 House
H Passed CoW
2008-02-18 House
Amendment Adopted
2008-02-18 House
H Amendments Adopted
2008-02-14 House
H Placed on General File
2008-02-14 House
H01 Recommended Amend and Do Pass
2008-02-12 House
H Introduced and Referred to H01
2008-02-11 House
H Received for Introduction
2008-01-18 LSO
Bill Number Assigned

Official Summary Text

2008 General Session Summary for HB0057

Bill No.:
HB0057
Drafter:

MDO

LSO No.:
08LSO-0074
Effective Date:

7/1/2008

Enrolled Act No.:
HEA0029

Chapter No.:

Prime Sponsor:
Representative
Jaggi

Catch Title:
Emergency
powers-right to bear arms.

Subject:
Powers
explicitly denied to governmental agents during an emergency.

Summary/Major Elements:

Explicitly states that the
existence of an emergency does not allow governmental employees or agents of
the government to confiscate a firearm from a person who is lawfully carrying
or lawfully in possession of a firearm.

Provides that the existence
of an emergency does not allow the government to impose additional restrictions
on the lawful possession, transfer, sale, carrying, storage or display or use
of firearms, ammunitions, or components of firearms or ammunitions.

Provides an exemption for a
peace officer who confiscates a firearm in the lawful discharge of his duties.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0057

ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to homeland security;
explicitly
restricting the power to confiscate firearms in an emergency; providing exceptions; adding definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 19
‑
13
‑
102(a) by creating new paragraphs (vii) and (viii) and 19
‑
13
‑
104 by creating a new subsection (e) is amended to read:

19
‑
13
‑
102.

Definitions.

(a)

As used in this act:

(vii)

"
Ammunition" means
a cartridge, shell or other device containing explosive or incendiary material designed and intended for use in a firearm;

(
viii)

"Firearm" means any weapon which will or is designed to expel any projectile by the action of an explosive.

19
‑
13
‑
104.

Powers of governor generally; director, office of homeland security.

(e)

Nothing in this chapter shall be construed to confer upon the governor, the director
,
the executive heads
or
governing bodies of the political subdivisions of the state
,

sheriffs, chiefs of police or any employee or agent of the state or any governmental unit within the state
the power to:

(i)

Confiscate a firearm from a person, unless
:

(A)

The person is in unlawful possession of the firearm as provided in title 6 of the
Wyoming
statutes;

(B)

The person is unlawfully carrying the firearm as provided in title 6 of the
Wyoming
statutes; or

(C)

The firearm is confiscated by a peace officer who is acting in the lawful discharge of his duties and under the reasonable belief that the confiscation is necessary for the protection of the peace officer, the person carrying the firearm or a third party. The peace officer shall return the firearm to the person before discharging the person unless the officer arrests that person for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.

(ii)

Impose additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:

(A)

Firearms;

(B)

Ammunition; or

(C)

Components of firearms or ammunition.

Section 2.
This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1