Regulation of firearms-state preemption.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0377.E1

HOUSE BILL
NO.
HB0103

Regulation of firearms-state preemption.

Sponsored by:
Representative(s) Jaggi, Baker, Burkhart, Gingery, Hutchings, Kroeker, McKim, Miller, Reeder and Winters and Senator(s) Dockstader and Hicks

A BILL

for

AN ACT relating to firearms; providing that the state of Wyoming preempts the entire field of firearm and ammunition regulation; providing civil liabil
ity
as specified
; providing for attorney's fees and damages
as specified
;
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 (
m
) is 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

governmental
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 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)

This section shall not prohibit regulation of
:

(i)

S
hooting galleries and shooting ranges specifically as authorized by W.S. 15
‑
1
‑
103(a)(xv) and 16
‑
11
‑
101 through 16
‑
11
‑
103
;

(ii)

The discharge of a firearm in a municipality or a subdivision for which a permit has been issued pursuant to W.S. 18
‑
5
‑
306 or 18
‑
5
‑
316.

(
e
)

The
authority
of a political subdivision to regulate firearms and ammunition shall not be inferred from any general or inherent power of the political subdivision including, but not limited to, the political subdivision
'
s proprietary authority or home rule status
or any other inherent power
.

(
f
)

Any
existing or future
ordinance, resolution, administrative rule or regulation or order promulgated or enforced in violation of this section is hereby rendered without force or effect.

(
g
)

A person ad
versely affected by any ordinance, resolution, administrative rule or regulation or order
promulgated or enforced in violation of this section
may file suit in
the
district court for the district in which
the ordinance, administrative rule or regulation or order is in effect seeking declarative and injunctive relief and all actual and con
sequential damages.

(
h
)

The district court
may
award reasonable attorneys
'
fees and litigation expenses
, including but not limited to expert witness fees, court costs and compensation for loss of income,
to the plaintiff in an action filed pursuant to
subsection
(
g
) of this section if:

(i)

The plaintiff
substantially
prevails in the action; or

(ii)

T
he court finds that as a result of the action, but prior to a final determination in the action, the complained of
ordinance, administrative rule or regulation or order
is
rescinded
, repealed or amended.

(
j
)

Should any grant of immunity, exception or

imposition of liability within the Wyoming Governmental
C
laims Act conflict with any provision of this section, this section shall prevail.

(k)

A
n action
may
be brought under this
subsection
by
:

(i)

A person who m
ay legally possess a firearm
, and
:

(
A
)

Is
adversely affected by

an

ordinance, administrative rule or regulation or order

promulgated or enforced by
a
city, town, county, political subdivision or any other
governmental
entity
in violation of this section;
or

(
B
)

May be adversely affected by a
n ordinance
,
administrative rule or regulation or order promulgated or enforced by
a city, town, county, political subdivision or any other
governmental
entity alleged to be promulgated or enforced
in violation of this section if he would enter the jurisdiction
al
boundaries of the
city, town, county, political subdivision or other entity
.

(ii)

An organization whose membership includes at least one
(1)
person who meets the requirements of paragraph (i) of this subsection.

(m)

Nothing in this section shall be construed to affect private property rights.

Section 2
.

This act is effective July 1, 2013.

(END)

1
HB0103