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20LSO-0142
2020
STATE OF WYOMING
20LSO-0142
Numbered
2.0
HOUSE BILL NO. HB0078
Firearms in private vehicles.
Sponsored by: Representative(s) Blake, Clem, Duncan, Harshman, Larsen, Lindholm and Olsen and Senator(s) Driskill, Hicks and Nethercott
A BILL
for
AN ACT relating to employment; allowing firearms to be stored in a motor vehicle located in an employer's motor vehicle parking area; providing exemptions and immunity; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 27
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16
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101 through 27
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16
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104 are created to read:
CHAPTER 16
PROTECTION OF SECURED FIREARMS IN PRIVATE VEHICLES
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16
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101.
Title.
This act shall be known as the "Right to Keep and Bear Arms in Private Vehicles Act."
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16
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102.
Definitions.
(a)
As used in this act:
(i)
"Employee" means any person who:
(A)
Works for salary, wages or other compensation;
(B)
Is an independent contractor; or
(C)
Is a volunteer, intern or other similar individual.
(ii)
"Employer" means any business that is a sole proprietorship, partnership, corporation, limited liability company, professional association, cooperative,
joint venture, trust, firm, institution, entity or association that has employees;
(iii)
"Firearm" means as defined by W.S. 6
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8
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403(a)(iii);
(iv)
"Motor vehicle" means as defined by W.S. 31
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1
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101(a)(xv);
(v)
"Motor vehicle parking" means an area available for temporary or long
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term parking or storage of motor vehicles that is available to employees, customers or invitees;
(vi)
"This act" means W.S. 27
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16
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101 through 27
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16
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104.
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16
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103.
Protection of certain activities; firearms.
(a)
An employer shall not establish, maintain or enforce any policy or rule that has the effect of
prohibiting any employee from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
(i)
The employee is not otherwise prohibited from transporting, possessing, purchasing, receiving, transferring or storing the firearm;
(ii)
The firearm is in a motor vehicle that is securely locked or is in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
(iii)
The firearm is not in plain view from the outside of the motor vehicle.
(b)
An employer has no duty of care to any person as a result of complying with the provisions of this act.
(c)
An employer that complies with this act is not liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation or storage of a firearm in a motor
vehicle on property designated for motor vehicle parking. This immunity shall not apply to acts or omissions unrelated to compliance with this act, constituting gross negligence or willful or wanton misconduct.
(d)
Nothing in this act shall be construed to expand any existing duty, or create any additional duty, on the part of an employer or that employer's agent.
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16
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104.
Exemptions.
(a)
The provisions of this act allowing the transportation or storage of firearms in motor vehicles shall not apply to:
(i)
The University of Wyoming, community colleges and schools, including any school building or school grounds in Wyoming and other properties owned or leased by a school;
(ii)
Government entities, including the federal government and its agencies, state agencies, cities, towns, counties and political subdivisions of the state;
(iii)
Religious organizations, including religious organizations acting as an employer.
(b)
Nothing in this act shall affect restrictions on the carrying of concealed weapons as provided in W.S. 6
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8
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104(t).
(c)
This act shall not apply to any property owned or leased by an employer upon which possession of a firearm is prohibited under federal law.
Section 2
.
This act is effective July 1, 2020
.
(END)
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HB0078