Second Amendment Preservation Act-2.

21LSO-0567
2021
STATE OF WYOMING
21LSO-0567
Numbered
2.0

HOUSE BILL NO. HB0124

Second Amendment Preservation Act-2.

Sponsored by: Representative(s) Laursen, Baker, Bear, Blackburn, Burt, Gray, Haroldson, Jennings, Neiman, Ottman, Styvar, Wharff and Winter and Senator(s) Biteman, Bouchard, French, Hutchings, James and Salazar

A BILL

for

AN ACT relating to firearms; making legislative findings; invalidating certain federal laws that limit the right to bear arms; prohibiting enforcement of invalidated federal laws; imposing employment consequences for those enforcing invalidated federal laws; waiving sovereign immunity as specified; providing for severability; and providing for an effective date.

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

Section 1
.

(a)

The legislature finds that:

(i)

The legislature is firmly resolved to support and defend the constitution of the United States against every aggression, whether foreign or domestic, and is duty bound to oppose every infraction of those principles that constitute the basis of the United States because only a faithful observance of those principles can secure the union's existence and the public happiness;

(ii)

Acting through the constitution of the United States, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving for the state governments the power to legislate on matters concerning the lives, liberties and properties of citizens in the ordinary course of affairs;
(iii)

The limitation of the federal government's power is affirmed under the tenth amendment of the constitution of the United States, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the
federal government, and all power not delegated to the federal government in the constitution of the United States is reserved to the states respectively or to the people themselves;

(iv)

If the federal government assumes powers that the people did not grant it in the constitution of the United States, its acts are unauthoritative, void and of no force;
(v)

The several states of the United States respect the proper role of the federal government but reject the proposition that such respect requires unlimited submission. If the government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the constitution of the United States, the federal government's discretion, and not the constitution of the United States, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the
compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the constitution of the United States, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations or other actions that collect data or restrict or prohibit the manufacture, ownership and use of firearms, firearm accessories or ammunition exclusively within the borders of Wyoming. Rather, such statutes, executive orders, administrative orders, court orders, rules, regulations and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating the armed forces of the United States or for organizing, arming and disciplining militia forces actively employed in the service of the armed forces of the United States;

(vi)

The people of the several states have given congress the power "to regulate commerce with foreign nations, and among the several states", but "regulating commerce" does not include the power to limit citizens'
right to keep and bear arms in defense of their families, neighbors, persons or property or to dictate what sort of arms and accessories law abiding Wyomingites may buy, sell, exchange or otherwise possess within the borders of this state;
(vii)

The people of the several states have also granted congress the power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the constitution of the United States in the government of the United States, or in any department or office thereof". These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not be construed to grant unlimited power because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the legislature rejects any claim that the taxing and spending powers of congress may be used to diminish in any way the right of the people to
keep and bear arms;
(viii)

The people of Wyoming have vested the legislature with the authority to regulate the manufacture, possession, exchange and use of firearms within the borders of this state, subject only to the limits imposed by the second amendment of the constitution of the United States and the constitution of Wyoming; and

(ix)

The Wyoming legislature strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage and ownership of all firearms, the prompt reporting of stolen firearms and the proper enforcement of all state gun laws. The Wyoming legislature hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.

Section 2.

W.S. 6
‑
8
‑
407 through 6
‑
8
‑
409 are created to read:

6
‑
8
‑
407.

Invalidation of certain federal laws.

(a)

The following federal acts, laws, executive orders, administrative orders, court orders, rules and regulations shall be considered infringements on the people's right to keep and bear arms, as guaranteed by the second amendment of the constitution of the United States and article 1, section 24 of the Wyoming constitution, within the borders of this state including, but not limited to:

(i)

Any tax, levy, fee or stamp imposed on firearms, firearm accessories or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law abiding citizens;

(ii)

Any registering or tracking of firearms, firearm accessories or ammunition that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law abiding citizens;

(iii)

Any registering or tracking of the owners of firearms, firearm accessories or ammunition that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law abiding citizens;

(iv)

Any act forbidding the possession, ownership or use or transfer of a firearm, firearm accessory or ammunition by law abiding citizens; or

(v)

Any act ordering the confiscation of firearms, firearm accessories or ammunition from law abiding citizens.

(b)

All federal acts, laws, executive orders, administrative orders, court orders, rules and regulations, regardless if enacted before or after this section, that infringe on the people's right to keep and bear arms as guaranteed by the second amendment of the constitution of the United States and article 1, section 24 of the Wyoming constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by
this state and shall be considered null, void and of no effect in this state.

(c)

It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law abiding citizens to keep and bear arms within the borders of this state and to protect these rights from the infringements defined under subsection (a) of this section.

(d)

For purposes of this section, "law abiding citizen" means an individual who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or the state of Wyoming.

6
‑
8
‑
408.

Prohibition on enforcement of invalidated federal laws; liability.

(a)

No person, including any public officer or employee of this state or any political subdivision of this state, shall have the authority to enforce or attempt to enforce any federal acts, laws, executive orders,
administrative orders, court orders, rules, regulations, statutes or ordinances infringing on the right to keep and bear arms.

(b)

Any public officer or employee of this state or any political subdivision of this state who acts knowingly to violate the provisions of subsection (a) of this section or otherwise knowingly deprives a resident of Wyoming of the rights or privileges ensured by the second amendment of the constitution of the United States or article 1, section 24 of the Wyoming constitution, while acting under the color of any state or federal law, shall be liable to the injured party in an action at law, suit in equity or other proper proceeding for redress. In such actions, the court may award the prevailing party, other than the state of Wyoming or any political subdivision of the state, reasonable attorney's fees and costs. Sovereign, official or qualified immunity shall not be an affirmative defense in such actions.

6
‑
8
‑
409.

Law enforcement employment ineligibility.

(a)

Any public officer or employee of this state or any political subdivision of this state, who acts as an official, agent, employee, or deputy of the government of the United States, or otherwise acting under the color of federal law within the borders of this state, and knowingly enforces or attempts to enforce any of the infringements identified in W.S. 6
‑
8
‑
407(a) or gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements identified in W.S. 6
‑
8
‑
407(a) shall be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers for the state or any political subdivision of the state.

(b)

Neither the state nor any political subdivision of the state shall employ as a law enforcement officer or supervisor of law enforcement officers any person who is ineligible to serve in such capacity under this section.

(c)

Any person residing or conducting business in a jurisdiction who believes that a law enforcement officer or supervisor of law enforcement officers of such jurisdiction
has taken action that would render that officer or supervisor ineligible under this section to serve in such capacity shall have standing to pursue an action for declaratory judgment in the district court of the county in which the action allegedly occurred, or in the district court of Laramie county, with respect to the employment eligibility of the law enforcement officer or the supervisor of law enforcement officers under this section.

(d)

If a court determines that a law enforcement officer or supervisor of law enforcement officers has taken any action that would render him ineligible to serve in that capacity under this section:

(i)

The law enforcement officer or supervisor of law enforcement officers shall immediately be terminated from his position; and

(ii)

The jurisdiction that had employed the ineligible law enforcement officer or supervisor of law enforcement officers shall be required to pay the court costs and attorney's fees associated with the declaratory
judgment action that resulted in the finding of ineligibility.

Section 3
.

W.S. 1
‑
39
‑
104(a) is amended to read:

1
‑
39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
‑
39
‑
105 through 1
‑
39
‑
112
and 6
‑
8
‑
408(b)
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
‑
39
‑
120(b). The claims procedures of W.S. 1
‑
39
‑
113 apply to contractual claims against governmental entities.

Section 4.

If any provision of this act or the application thereof to any person or circumstance is held
invalid the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.

Section 5.

This act is effective July 1, 2021.

(END)

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HB0124