Freedom of teachers in protecting students.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0325

SENATE FILE
NO.

SF0109

Freedom of teachers in protecting students.

Sponsored by:
Senator(s) Barnard, Case, Coe, Dockstader, Driskill, Hicks and Landen and Representative(s) Eklund, Greene and Teeters

A BILL

for

AN ACT relating to school safety and security; allowing possession of firearms by
teachers
on school property; creating a process for school districts to approve possess
ion of
firearms on school property;
creating a process for revocation of permission to carry firearms on school property;
requiring
minimum qualification
s
for application
;
requiring training;
providing rulemaking authority to school districts; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 21
‑
3
‑
132 is created to read:

21
‑
3
‑
132.

Possession of firearms on school property.

(a)

The board of trustees in each school district may adopt rules and regulations to allow poss
ession of firearm
s
by teacher
s

possessing

valid concealed carry permit
s
under W.S. 6
‑
8
‑
104(
a)(ii) on or in any property or facility owned or leased by the school district
in accordance with this section
.

(b)

As used in this section, "teacher" means any person employed under contract by the board of trustees of a school district as a certified professional employee.

(c)

Prior to adoption of
any
rules and regulations to allow the possession of firearms in accordance with this section, the board of trustees shall hold a minimum of two (2)
public hearings, with the t
ime
and location of
the hearings published in a newspaper of statewide or local distributi
on. The notification shall be
published in advance of the hearings to allow for public participation. The hearings shall be conducted to receive public comment on the school district'
s participation in this program.
The board of trustees shall specifically notify the parents and guardians of students attending school in the district of the date, time and nature of the public hearings.

(
d
)

The rules and regulations required by subsection (a) of this section shall at a minimum:

(
i
)

Establish
a process for teachers to
apply and
obtain permission to
possess or carry a firearm on school property

in accordance with this section;

(ii
)

Establish a process
to conduct a
personal interview
of the applicant
by the principal
of the school

and at
least two (2) board trustees.
If the applicant is a principal, the superintendent of the school district shall interview the applicant

together
with the two (2) trustee
s
. The principal or the superintendent and the
trustee
s

shall report to the
entire
board regarding
the contents of the interview;

(iii)

Establish a
process
to
immediate
ly

rev
oke
permission
to possess or carry a firearm on school property upon
a finding
of reasonable cause
by
the
principal
that it is necessary
or if the principal has been granted permission
to carry a firearm
, the district superintendent
may revoke permission
upon a finding of reasonable cause
.
The process shall include a review to be conducted by the board of trustees of the immediate revocation and shall
include an opportunity for the teacher to request reinstatement
and present any information pertinent to the request
. The board of trustees shall ratify the decision made by the principal
or superintendent to revoke permission to carry a firearm on school property
or shall reinstate permission if deemed appropriate
.

(
e
)

Any applicant under this section shall, at a minimum, meet the following qualifications prior to applying to any
board of trustees
for permission to carry or possess a firearm on school property
under this section
:

(
i
)

Possess and provide
proof
of
a valid concealed carry permit
granted
under W.S. 6
‑
8
‑
104(
a)(ii)
;

(ii)

Complete
a mental evaluation screening
in a satisfactory manner
as prescribed by rule and regulation of the board of trustees
;

(iii)

Provide proof
of
completion
of no less than
sixteen (16) hours of firearm
training approved by the peace officer standards and training
council. The board of trustees may establish additional training requirements by rule and regulation
;

(iv)

Provide
proof
of
completion of
minimum shooting qualifications
and proficiency requirements
established by rule and regu
l
ation of the board of trustees.

(
f
)

A
ny person
granted permission to carry or possess
a firearm on school property pursuant to this section

shall be required to complete continued firearm training as required by rule and regulation of the board of trustees. At a minimum
,
the continued training shall
consist of
sixteen (16) hours of firearms training approved by the peace officer standards every five (5) years.

(g)

Any person granted permission to carry or possess a firearm on school property pursuant to this section s
hall
maintain the firearm on his person
or
in a concealed biometric container or lock box
. The container or lock box shall
at all times
be
within the direct control of the
individual
at all times
. The individual shall be responsible for purchase and ownership of the weapon and frangible ammunition shall be utilized
.

(
h
)

Any person granted permission to carry or possess
a firearm on school property pursuant to this section
shall
annually
complete
at least
one (1)
four (4) hour
crisis management training
program
. The training shall include

participation of
school resource officers,
if appropriate,
and all law enforcement agencies with jurisdiction over the area
in which the school is located
.

(j
)

The board of trustees may suspend the program and permission granted to any individual for a period of three (3) months to investigate accusations or problems with the program.

(
k
)

The board of trustees
shall maintain a list of the location and names of all
individuals
who receive permission to carry firearms in accordance with this section. The board of trustees shall notify all law enforcement agencies with jurisdiction over the area of the location
in which the school is located
and names of all certified personnel
with
permission to carry firearms
on school property
. The list of individuals shall not be subject to any public record inspection as provided by W.S. 16
‑
4
‑
203(
b)(vi).

(
m
)

Nothing in this section shall authorize school district personnel to carry a firearm, concealed or otherwise, on or into any facility
or other
school district property without the express approval of the board of trustees and notification of parties as required by this section.

(
n
)

Nothing in this section shall authorize a student of a school district to carry a firearm, concealed or otherwise, on or into any facility or a school district.

Section 2.

W.S.

6
‑
8
‑
104(
t)(vi) and (ix) and 6
‑
8
‑
401(c) are amended to read:

6
‑
8
‑
104.

Wearing or carrying concealed weapons; penalties; exceptions; permits.

(t)

No person authorized to carry a concealed weapon pursuant to paragraphs (a
)(
ii) through (iv) of this section shall carry a concealed firearm into:

(vi)

Any
school, college or professional athletic event not related to firearms
,
except as provided in W.S. 21
‑
3
‑
132
;

(ix)

Any
elementary or secondary school facility
,
except as provided in W.S. 21
‑
3
‑
132
;

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)
and 21
‑
3
‑
132
, no 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 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.

Section 3.

This act is effective July 1, 2014.

(END)

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SF0109