Restoring constitutional governance act.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0386

HOUSE BILL
NO.

HB0094

Restoring constitutional governance act.

Sponsored by:
Representative(s) Kroeker, Baker, Halverson, Hunt, Hutchings, Jaggi, Loucks, Miller, Piiparinen and Reeder and Senator(s) Case

A BILL

for

AN ACT relating to criminal law; prohibiting enforcement of federal law as specified; providing legislative declaration that Wyoming is not a battlefield; providing definitions; providing penalties; and providing for an effective date.

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

Section 1.
W.S. 6
‑
5
‑
401 is created to read:

ARTICLE 4
RESTORING CONSTITUTIONAL GOVERNANCE ACT

6
‑
5
‑
401.

Prohibition on enforcement of
laws under laws of war
; penalties.

(a)

Notwithstanding any treaty, federal, state or local law or authority, enacted or claimed, including, but not limited to, an authorization for use of military force, national defense authorization act or any similar law or authority enacted or claimed by
c
ongress or the
o
ffice of the President, it is unlawful for any person to:

(
i
)

Arrest or capture any person in Wyoming, or citizen of Wyoming,
"
under the law of war
";
or

(ii)

Actually subject a person in Wyoming to
"
disposition under the law of war
";
or

(iii)

Use deadly force
"
under the laws of war
"
against any person in Wyoming, or intentionally subject any citizen of Wyoming for targeted killing or murder.

(b)

Subsection (a) of this section shall not prohibit the application of the Uniform Code of Military Justice, including military detention and trial, in
"
cases arising in the land or naval forces, or in the
m
ilitia, when in actual service in time of
w
ar or public danger
"
to discipline service members who have violated the Uniform Code of Military Justice and laws of war.

(c)

For the purposes of this section, the terms
"
arrest,
"

"
capture,
"

"
detention under the law of war,
"

"
disposition under the law of war,
"
and
"
law of war
"
are used in the same sense and shall have the same meaning as those terms have in the 2012 National Defense Authorization Act, Section 1021.

(d)

It is the determination of the
s
tate of Wyoming that Wyoming is not a
"
battlefield
"
subject to the
"
laws of war,
"
and that neither
c
ongress nor the President can constitutionally apply the
"
laws of war
"
to any person in Wyoming, or citizen of Wyoming, who is not serving
"
in the land or naval forces, or in the Militia, when in actual service in time of
w
ar or public danger.
"

(e)

Any person in violation of this section shall be
subject to
prosecut
ion
under the Wyoming Criminal Code relating to, but not limited to, assault, battery, kidnapping

or murder, as applicable.

Section 2.
This act is effective July 1, 2014.

(END)

1
HB0094