Wyoming Firearms Freedom Act.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0020

HOUSE BILL
NO.
HB0028

Wyoming
Firearms Freedom Act
.

Sponsored by:
Representative(s) Miller, Cannady, Davison,
Edmonds
and Illoway and Senator(s)
Anderson
, J., Bebout, Case, Cooper and
Jennings

A BILL

for

AN ACT relating to
Wyoming Firearms Freedom Act
, establishing a Wyoming
F
irearms Freedom Act; providing definitions; providing that specified firearms that are manufactured, sold, purchased, possessed and used exclusively within Wyoming shall be exempt from federal regulation, including registration
requirements
; providing exceptions; providing legislative findings and declaration of authority;
and providing for an effective date.

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

Section 1.
W.S. 6
‑
8
‑
402
through
6
‑
8
‑
40
5
are created to read:

ARTICLE 4
WYOMING
FIREARMS FREEDOM ACT

6
‑
8
‑
402.

Short title
; applicability
.

(a)

This article shall be known and may be cited as the
"
Wyoming Firearms Freedom Act
"
.

(b)

Effective July 1, 2010, W.S. 6
‑
8
‑
403 and 6
‑
8
‑
404 shall apply to firearms, firearms accessories and ammunition that are manufactured, as defined in W.S. 6
‑
8
‑
403(a)(v), and retained in
Wyoming
.

6
‑
8
‑
40
3
.

Definitions.

(a)

As used in this act:

(i)

"Borders of
Wyoming
" means the boundaries of
Wyoming
described in section 2 of the
Act of Admission of the state of
Wyoming
, 26 United States Statutes at Large, 222, chapter 664
;

(ii)

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

(i
i
i)

"Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound
suppressors
, folding or aftermarket stocks
and grips, speedloaders, ammunition carriers and lights for target illumination;

(iv)

"Generic and insignificant parts" includes but is not
limited
to springs, screws, nuts and pins;

(v)

"Manufactured" means that a firearm,
a firearm

accessory
or ammunition has been created from basic
materials
for
functional
usefulness, including
but not
limited to forging, casting, machining or other processes for working materials.

6
‑
8
‑
40
4
.

Regulation by state of firearms, firearms accessories and ammunition manufactured in
Wyoming
; exceptions.

(a)

A personal firearm,
a firearm accessory or ammuniti
o
n
that is manufactured commercially or privately in Wyoming and that remains within the borders of Wyoming is not subject to federal law or federal regulation, including regulation, under the authority of the United States congress
to regulate interstate commerce. It is declared by the
Wyoming
legislature that those items

have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in
Wyoming
from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state or foreign country. Generic and insignificant parts that have other manufact
u
r
i
ng or consumer product applications are not firearms, firearm
s
accessories or ammunition, and their importation into
Wyoming
and incorporation into a firearm, firearm accessory or ammunition manufactured in
Wyoming
does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the Wyoming legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm
s
accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition. The authority of the
United States
congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories and ammunition made in
Wyoming
from those basic materials. Firearms accessories
that are imported into
Wyoming
from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to
federal
regulation under interstate commerce because the firearm accessory is attached to or used in conjunction with a firearm in
Wyoming
.

(b)

Subsection (a) of this section does not apply to:

(i)

A firearm that can not be carried and used by one (1) person;

(ii)

A firearm that has a bore diameter greater than one and one-half (1
1/2
) inches and that uses smokeless powder, not black powder, as a propellant;

(iii)

Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(iv)

A firearm that discharges two (2) or more projectiles
sequentially
with one (1) activation of the trigger or other firing device.

(c)

A firearm manufactured or sold in
Wyoming
under this act shall have
the words "Made in
Wyoming
" clearly stamped on a central metallic part, such as the receiver or frame.

6
‑
8
‑
40
5
.

Legislative declarations of authority.

(a)

The
legislature declares that the authority for W.S. 6
‑
8
‑
402 through 6
‑
8
‑
405 is the following:

(i)

The
tenth
amendment to the
United States
constitution guarantees to the states and their people all powers not granted to the federal government
elsewhere in the constitution and reserves to the state and the people of
Wyoming
certain powers as they were understood at the time that
Wyoming
was admitted to statehood in 1890.
The guaranty of those powers is a matter of contract between the state and people of
Wyoming
and the
United States
as of the time the
A
ct of
A
dmission was
agreed upon and adopted by
Wyoming
and the
United States
in 1889
;

(ii)

The
ninth
amendment to the
United States
constitution guarantees to the people rights not granted in the constitution and reserves to the people of
Wyoming
certain rights, as they were understood at the time
Wyoming
was admitted to statehood in 1890. The guaranty of those rights is a matter of contract
between the state and people of
Wyoming
and the
United States
as of the time the
A
ct of
A
dmission was agreed upon and adopted by
Wyoming
and the
United States
in 1889;

(iii)

The regulation of intrastate commerce is vested in the states under the
ninth
and
tenth
amendments to the
United States
constitution
,
particularly
if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories and ammunition;

(iv)

The
second
amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time Wyoming was admitted to statehood in 1890, and the guaranty of the right is a matter of contract
between the state and people of Wyoming and the United States as of the time the
A
ct of
A
dmission was agreed upon and adopted by Wyoming and the United States
in 1889;

(v)

Article 1, section 24, of the
Wyoming
constitution clearly secures to
Wyoming
citizens
the right to keep and bear arms. This constitutional protection is unchanged from the 1890
Wyoming
constitution, which was approved by congress and the people of
Wyoming
, and the right exists, as it was agreed upon and adopted by
Wyoming
and the
United States
in the Act of Admission.

Section
2
.

W.S. 6
‑
8
‑
401(b) is repealed.

Section
3
.
This act is effective July 1, 20
10
.

(END)

1
HB0028