Read the full stored bill text
21LSO-0383
2021
STATE OF WYOMING
21LSO-0383
ENGROSSED
3.0
SENATE FILE NO. SF0081
Second Amendment Preservation Act.
Sponsored by: Senator(s) Bouchard, Biteman, French, Hutchings, James, McKeown and Salazar and Representative(s) Baker, Bear, Burt, Fortner, Gray, Haroldson, Heiner, Jennings, Laursen, Neiman, Ottman, Rodriguez-Williams, Wharff and Winter
A BILL
for
AN ACT relating to firearms; prohibiting the enforcement of unconstitutional federal actions that infringe upon the right to bear arms; prohibiting the expenditure of public funds to enforce unconstitutional federal actions; authorizing executive orders and other actions to implement the act; providing for representation by the Wyoming attorney general of Wyoming citizens charged by the United States government under federal laws that unconstitutionally infringe upon the right to bear arms; providing rulemaking authority; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 9
‑
14
‑
103 is created to read:
9
‑
14
‑
103.
Prohibition on enforcement of certain federal laws; procedures.
(a)
Upon the issuance of an executive order authorized under this section, no public officer or employee of this state or any political subdivision of this state, shall enforce, attempt to enforce or assist a federal agency or agent in the enforcement of any federal action which is the subject of the executive order.
(b)
Twenty
‑
five (25) or more adult Wyoming residents, or an organization representing twenty
‑
five (25) or more adult Wyoming residents, may file a petition requesting a review by the Wyoming attorney general of any federal action as defined in this section which was issued or enacted on or after July 1, 2021.
The petition may include relevant views and arguments regarding the infringement of the federal action upon the constitutional right to keep and bear arms.
The attorney general shall review the federal action and publicly issue a determination of
whether the action unconstitutionally infringes upon the right to keep and bear arms under the second amendment to the constitution of the United States. The attorney general shall issue the determination not later than thirty (30) days after the petition was received. The attorney general shall prescribe by rule the form of the petition and the procedure for its submission, consideration and disposition.
(c)
At any time after the submission of the petition, if the attorney general determines the federal action is unconstitutional, and if the governor independently determines the federal action appears to unconstitutionally infringe on the second amendment right to keep and bear arms, and further determines that prohibiting enforcement of the federal action under this section is in the best interests of the state, the governor may issue an executive order directing public officers and employees of this state or a political subdivision of the state that they are not to enforce, attempt to enforce or assist a federal agency or agent in the enforcement of the specified federal action.
(d)
No public officer or employee of this state or of a political subdivision of the state shall expend public funds or allocate public resources for the enforcement of a federal action which is the subject of an executive order issued under this section.
(e)
Nothing in this section shall be construed to prohibit or otherwise limit a public officer and employee of this state or of a political subdivision of the state from cooperating in an action with a federal agency if the primary purpose of the action is not enforcement of a federal action subject to an executive order issued under this section.
(f)
As used in this section, "federal action" includes laws, executive orders, administrative orders, rules, regulations, statutes and ordinances issued or enacted by the federal executive or legislative branches.
Section 2
.
W.S. 9
‑
14
‑
101 is amended to read:
9
‑
14
‑
101.
Second amendment defense.
(a)
The attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms. The attorney general is directed to advance arguments that protect the constitutional right to bear arms. Before intervening in any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.
(b)
The attorney general shall defend any citizen of Wyoming who is prosecuted by the United States government for violation of any federal action which is the subject of an executive order issued pursuant to W.S. 9
‑
14
‑
103(c).
Section 3.
The attorney general of the state of Wyoming may coordinate with the attorneys general of other states which have enacted laws similar to this act to develop appropriate responses to federal actions which
violate the second amendment to the constitution of the United States.
Section 4.
There is appropriated two hundred fifty thousand dollars ($250,000.00) from the general fund to the attorney general's office for the purposes of implementing this act.
This appropriation shall not be transferred or expended for any other purpose. Any unobligated, unexpended funds remaining from this reappropriation on June 30, 2022 shall revert as provided by law.
Section 5.
This act is effective July 1, 2021.
(END)
1
SF0081