Firearm and ammunition regulation.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0212

HOUSE BILL
NO.
HB0060

Firearm and ammunition regulation.

Sponsored by:
Representative(s) Kroeker and Jaggi and Senator(s) Jennings

A BILL

for

AN ACT relating to
firearms;
providing that the state of Wyoming
preempts the field of firearm and ammunition regulation; providing civ
il liability
for
violations
as specified; providing a civil fine
for a violation of this act as specified
; providing for the removal from office of public official
s

for violations
; providing for attorney's fees and d
amages;
providing for precedence over other statutes;
and providing for an effective date.

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

Section 1
.

W.S. 6
‑
8
‑
401(c)
and by creating
new
subsections
(d) through (k
)
, 15
‑
1
‑
107(a)
(iii), (iv) and by creating a new paragraph (v)
, 15
‑
2
‑
102 by creating a new subsection (c)
and
18
‑
3
‑
902(f) by creating a new paragraph (iii) are
amended to read:

6
‑
8
‑
401.

Firearm, weapon and ammunition regulation and prohibition by state.

(c)

The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the state.

Except as authorized by W.S. 15
‑
1
‑
103(a)(xviii),

N
o city, town, county, political subdivision or any other entity shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms, weapons, accessories, components or ammunition except as specifically provided by this chapter.
This section shall
preempt
all ordinances,
resolutions,
administrative rules
and
regulations enacted by a county, city, town
,

political subdivision or any other entity
. Any such existing ordinances,
resolutions,
rules and
regulations are hereby declared without force or effect.

This section shall not affect zoning or other ordinances which encompass firearms businesses along with other businesses. Zoning and other ordinances which are designed
for the purpose of restricting or prohibiting the sale, purchase, transfer or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this section and are prohibited.

(d)

Any
person,
city, town, county, political subdivision or any other entity
that violates the
state
's occupation of the
entire
field of regulation of firearms and ammunitio
n,
as declared
in subsection (c
)
of this section
, by enacting or causing to be enforced any local
ordinance
,
resolution
,

administrative rule or regulation impinging upon
the state's
exclusive occupation of the field
of firearm and ammunition regulation
shall be liable as set forth
in this section
.

(e)

If any
city, town, county, political subdivision or any other entity
violates this section
,
a

reviewing
court shall declare the improper ordinance,
resolution
,

regulation or rule invalid and issue a permanent injunction against the
entity
prohibiting
enforcement of the
ordinance,
resolution
,

regulation or rule. It is no defense that in enacting the ordinance,
resolution,

regulation or rule the
entity
was acting in good faith or upon advice of counsel.

(f)

The attor
n
ey general may maintain an action in a court of competent jurisdiction
against
an

elected or appointed local government official
who has
knowing
ly
and willful
ly
violat
ed
this section
. If the
elected or appointed local government official
is found to have
knowingly and willfully
violated this section
,
he
shall be
subject to
a civi
l fine

not
to
exceed
twenty thousand dollars ($20,000.00).

(g)

Not
withstanding any other provision of law, including the
state self insurance program, W.S. 1
‑
41
‑
101 through 1
‑
41
‑
111 and the local government insurance program, W.S. 1
‑
42
‑
201 through 1
‑
42
‑
206:

(i)

Public funds shall not be expended to provide for damages awarded for a knowing and willful violation of this section
; and

(i
i
)

A person
found to have

knowingly and
willfully violated
this section
shall reimburse all public fu
nds expended in his defense.

(h)

Notwithstanding any other provision of law
,

the court shall enter judgment to remove from office or employment
a
ny member of a
city, town, county, political
subdivision or any other entity's
governing body or any member, officer, employee or agent of any
city, town, county, political subdivision or any other entity
who
is found to have

knowingly and willfully violated this section by clear and convincing evidence
. It is the duty of the court rendering the judgment to cause immediate notice of removal from office or employment to be given to the pro
per officer
so the vacancy thus caused may be filled.

(
j
)

A person
who is,
or
organization whose membership is
,
adversely affecte
d by any ordinance,
resolution,
regulation or
rule promulgated or caused to be enforced in violation of this section
may
maintain an action
against
the
city, town, county, political subdivision or any other entity
in any court of
competent
jurisdiction

for
declaratory and injunctive relief and for actual damages, caused by the violation. A court shall award the prevailing p
arty
in any such
action
:

(i)

Reasonable attorney's fees and costs
as provided by
law; and

(ii)

A
ctual damages
not to exceed two hundred thousand dollars ($200,000.00)
.

(k
)

Should any grant of immunity, exception or imposition of liability within the W
yoming Governmental Claims Act

conflict with any
provision of this section, this section
shall prevail.

15
‑
1
‑
107.

Vacancies in offices; grounds; how filled.

(a)

A vacancy exists in the office of mayor or councilman if during the term for which elected any mayor or councilman:

(iii)

Fails to attend four (4) or more consecutive regularly scheduled meetings of the council without an excused absence as determined by a majority of the council according to procedures adopted pursuant to subsection (b) of this section;

or

(iv)

Meets any other condition specified in W.S. 22
‑
18
‑
101
;
.

or

(v)

Is
found to have violated

W.S. 6
‑
8
‑
104(c).

15
‑
2
‑
102.

Officers; election
, appointment and removal; conditions for appointive office or position.

(
c
)

As used in this section, "incompetency or neglect of duty" includes, but is not limited to,
findings of violations of

W.S. 6
‑
8
‑
104(c).

18
‑
3
‑
902.

Governor to direct district attorney or attorney general to commence action; petition served with summons; pleading; trial; judgment; change of judge.

(f)

As used in this section, "misconduct or malfeasance" includes, but is not limited to, instances when:

(iii)

The officer
is
found to have violated
W.S. 6
‑
8
‑
104(c)
.

Section 2.

This act is effective July 1, 2012.

(END)

1
HB0060