Protection of activities in private vehicles.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0516.E1

HOUSE BILL
NO.
HB0207

Protection of activities in private vehicles.

Sponsored by:
Representative(s) Krone, Bonner, Brechtel, Buchanan, Burkhart, Cannady, Childers, Gay, Gingery, Greear, Hunt, Kroeker, Loucks, Petroff, Quarberg and Vranish and Senator(s) Case, Coe and
Jennings

A BILL

for

AN ACT relating to
employment; providing definitions; prohibiting certain persons from creating or enforcing a policy that prohibits the storage of firearms in a motor vehicle as specified; providing for a civil action; providing for remedies; providing exclusions;
and providing for an effective date.

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

Section 1.

W.S. 27
‑
15
‑
101 through 27
‑
15
‑
106 are created to read:

CHAPTER
1
5
PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES

27
‑
15
‑
101.

Title.

This chapter is known as
the
"
Right to Keep and Bear Arms
in Private Vehicles
Act
."

27
‑
15
‑
102.

Definitions.

(a)

As used in this chapter:

(i)

"Firearm" means as defined by W.S 6
‑
8
‑
403(a)(iii);

(ii)

"Motor vehicle" means as defined by W.S. 31
‑
1
‑
101(a)(xv)
that is not owned by a company or employer
;

(iii)

"Motor vehicle parking" means an area available for temporary or long term parking or storage of motor vehicles which is available to employees, customers and invitees
;

(iv)

"Person" means any private employer employing one (1) or more employees within
Wyoming
.

27
‑
15
‑
103.

Protection of certain activities; firearms.

(a)

A
person may not establish, maintain or enforce any policy or rule that has the effect of:

(i)

Prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:

(A)

The individual is legally permitted to transport, possess, purchase, receive, transfer or store the firearm;

(B)

The firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and

(C)

The firearm is not in plain view from the outside of the motor vehicle
.

27
‑
15
‑
104.

Protection from liability.

A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of
W.S.

27
‑
1
5
‑
103 is not liable in any civil action for any occurrence resulting from, connected with or incidental to the use of a firearm, by any person,

unless the use of the firearm involves a criminal act by the person who owns or controls the parking area.

27
‑
15
‑
105.

Cause of action for noncompliance; remedies.

(
a
)

An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by
W.S.

27
‑
1
5
‑
103, may bring a civil action in a court of competent jurisdiction against any person that violates the provisions of
W.S.

27
‑
1
5
‑
103.

(
b
)

Any individual who asserts a claim under this section is entitled to request:

(
i
)

D
eclaratory relief;

(
ii
)

T
emporary or permanent injunctive relief to prevent the threatened or continued violation;

(
iii
)

R
ecovery for actual damages sustained; and

(
iv
)

I
f the court determines that the circumstances are appropriate, punitive damages.

(
c
)

The prevailing party in an action brought under this chapter
shall
recover its court costs and rea
sonable attorney fees incurred.

(
d
)

Nothing in this chapter shall be construed or held to affect any rights or claims made in relation to
t
itle
27
,
c
hapter
14
,
Wyoming
Workers' Compensation Act.

27
‑
15
‑
106.

Exemptions.

(a)

School premises,
including
any school building or school grounds in this state
and
other properties owned or leased by a school
, are exempt from the
provisions of this chapter.

(
b
)

Government entities, including a local authority or state entity, are exempt from the

provisions of this chapter.

(
c
)

Religious organizations, including religious organizations acting as an employer, are exempt from the provisions of this chapter.

(d)

Nothing in this act affects restrictions on the carrying of concealed weapons as provided in W.S. 6
‑
8
‑
104(t).

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0207