Firearm Protection Act.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0426.E1

HOUSE BILL
NO.
HB0104

Firearm Protection Act.

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

A BILL

for

AN ACT relating to firearms; providing that
federal laws, rules, executive orders and other specified federal authority restricting ownership of and otherwise regulating firearms and firearm accessories which remain exclusively within this state shall be unenforceable within the borders of this state as specified; modifying existing provisions prohibiting enforcement of federal laws, rules and other federal authority regulating firearms within the borders of this state; providing for severability;
and providing for an effective date.

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

Section 1.

W.S. 6
‑
8
‑
405 is amended to read:

6
‑
8
‑
405.

Offenses and penalties; defense of Wyoming citizens.

(a)

No public servant

in this state
as defined in W.S. 6
‑
5
‑
101
, or dealer selling any firearm in this state

shall enforce or attempt to enforce any act, law, statute,

executive order,
rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is
owned or
manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming.

(b)

Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute,

executive order,
rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is
owned or
manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a
misdemeanor
and, upon conviction, shall be subject to imprisonment for not
more

than one (1) year, a fine of not more than
two thousand dollars ($2,000.00)
, or both.

(c)

The attorney general may defend a citizen of Wyoming who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition
owned or
manufactured and retained exclusively within the borders of Wyoming.

(d)

Any federal law, rule, regulation or order created or effective on or after January 1, 2013 shall be unenforceable within the borders of Wyoming

by an officer or agent of the federal government or of the state of Wyoming or any political subdivision thereof
if the law, rule, regulation or order attempts to:

(i)

Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm

that remains exclusively within the
borders
of Wyoming
; or

(ii)

Require any firearm, magazine or other firearm accessory

that remains exclusively with
in
the
borders
of Wyoming
to be registered in any manner.

Section 2
. If any provision of this act or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application; and to this end the provisions of this act are severable.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0104