Repeal gun free zones and preemption amendments.

23LSO-0253
2023
STATE OF WYOMING
23LSO-0253
Numbered
2.0

HOUSE BILL NO. HB0105

Repeal gun free zones and preemption amendments.

Sponsored by: Representative(s) Haroldson, Allemand, Angelos, Bear, Jennings, Knapp, Locke, Niemiec, Pendergraft, Penn, Rodriguez-Williams, Smith, Strock, Tarver, Ward and Winter and Senator(s) Biteman, Case, Hutchings, Laursen, D and Steinmetz

A BILL

for

AN ACT relating to concealed weapons; repealing gun free zones; providing for the carrying of concealed weapons as specified; creating a criminal offense for prohibiting entry to a person carrying a concealed weapon as specified; clarifying that only the state legislature may regulate firearms, weapons and ammunition; providing for an exception; amending a definition; requiring rulemaking; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
8
‑
105 is created to read:

6
‑
8
‑
105.

Exceptions for state issued concealed carry permits; penalty.

(a)

This section shall be known as and may be cited as the "Wyoming Repeal Gun Free Zones Act."

(b)

Persons lawfully carrying concealed weapons in Wyoming under W.S. 6
‑
8
‑
104(a)(ii) through (iv) may carry a concealed weapon in the following places:

(i)

Any meeting of a governmental entity;

(ii)

Any meeting of the legislature or a committee thereof.

(c)

Persons lawfully carrying concealed weapons in Wyoming under W.S. 6
‑
8
‑
104(a)(ii) may carry a concealed weapon in the following places:

(i)

Any public school, public college or university or professional athletic event, except as provided in W.S. 21
‑
3
‑
132;

(ii)

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

(iii)

Any public college or university facility.

(d)

Nothing in this section shall be construed to:

(i)

Allow the carrying of a concealed weapon where otherwise prohibited under W.S. 6
‑
8
‑
104(t);

(ii)

Prohibit a school district from regulating the possession of firearms by employees of the school district on school property under W.S. 21
‑
3
‑
132;

(iii)

Prohibit a private property owner from restricting firearms on his private property.

(e)

Any person who prohibits entry to another person lawfully carrying a concealed weapon into a place authorized pursuant to subsections (b) or (c) of this section when the person would otherwise be permitted entry is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.

Section 2.

W.S. 6
‑
8
‑
401(c) and 6
‑
8
‑
403(a)(vii) are amended to read:

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
legislature of the
state
of Wyoming
. Except as authorized by W.S. 15
‑
1
‑
103(a)(xviii)
,

and
21
‑
3
‑
132
and 23
‑
1
‑
302
, no
state agency or entity,
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.

6
‑
8
‑
403.

Definitions.

(a)

As used in this act:

(vii)

"This act" means W.S.
6
‑
8
‑
401
6
‑
8
‑
402
through 6
‑
8
‑
406;

Section 3.

W.S. 6
‑
8
‑
104(t)(iv) through (vi), (ix) and (x) is repealed.

Section 4
.

The state building commission shall begin promulgating any rules necessary to administer this act not later than thirty (30) days after the effective date of this act.

Section 5.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0105