Stop Red Flags Act.

23LSO-0480
2023
STATE OF WYOMING
23LSO-0480
Numbered
2.0

HOUSE BILL NO. HB0250

Stop Red Flags Act.

Sponsored by: Representative(s) Jennings, Allemand, Allred, Andrew, Angelos, Banks, Bear, Burkhart, Davis, Haroldson, Heiner, Hornok, Locke, Olsen, Ottman, Pendergraft, Penn, Singh, Slagle, Smith, Styvar, Ward, Washut and Winter and Senator(s) Biteman, Brennan, Hicks, Ide and Salazar

A BILL

for

AN ACT relating to the protection of constitutional rights; making legislative findings; declaring legislative authority; prohibiting the implementation or enforcement of an extreme risk protection order; preempting local law; providing definitions; providing a penalty; and providing for an effective date.

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

Section 1.

W.S. 9
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14
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301 through 9
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14
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303 are created to read:

ARTICLE 3
STOP RED FLAGS ACT

9
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14
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301.

Short title.

This article shall be known and may be cited as the "Stop Red Flags Act."

9
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14
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302.

Declaration of authority.

(a)

The Stop Red Flags Act is enacted under the authority of the second, fourth, fifth, tenth and fourteenth amendments to the United States Constitution, article 1, section 24 of the Wyoming Constitution, Wyoming's agreement with the United States that the state adopted when it joined the Union under the United States Constitution's system of dual sovereignty, and Printz v. United States, 521 U.S. 898 (1997).

(b)

The legislature further declares that the authority for W.S. 9
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14
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301 through 9
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14
‑
303 is derived from the provisions specified in the findings in W.S. 6
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8
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406.

(c)

The legislature finds:

(i)

The second amendment to the Constitution of the United States guarantees the right to keep and bear arms;

(ii)

The fifth and fourteenth amendments to the Constitution of the United States requires due process of law prior to the deprivation of life, liberty or property;

(iii)

The tenth amendment to the Constitution of the United States expresses that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively;

(iv)

Extreme risk protection orders, as defined by W.S. 9
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14
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303(a)(i), are unconstitutional.

9
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14
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303.

Prohibiting the implementation or enforcement of an extreme risk protection act, preempting local law, penalties.

(a)

For purposes of this act:

(i)

"Extreme risk protection order" means an executive order, written order or warrant issued by a court or signed by a magistrate or other officer of the court, for which the primary purpose is to reduce the risk of firearm
‑
related injury or death by doing one or more of the following:

(A)

Prohibiting a specific person from owning, possessing or receiving a firearm or ammunition;

(B)

Removing a firearm or ammunition from a specific person or requiring a specific person to surrender any firearms or ammunition the person owns or possesses.

(ii)

"This act" means W.S. 9
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14
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301 through 9
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14
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303.

(b)

The state of Wyoming and all political subdivisions of this state are prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming or any other source of funds that originated within or outside the state of Wyoming to implement any statute, rule, executive order, judicial order or judicial finding that would have the effect of enforcing an extreme risk protection order against or upon a resident of the state.

(c)

This act shall preempt any local law, ordinance or regulation regarding an extreme risk protection order or any other law, ordinance or regulation that may conflict with any provision of this act.

(d)

Any public officer, as defined in W.S. 6
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5
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101(a)(v), who knowingly violates subsection (b) of this section 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.

(e)

Nothing in this act shall be construed to preclude or limit the powers and authority of a peace officer, as defined in W.S. 7
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2
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101(a)(iv), under existing Wyoming law before the effective date of this act except for the powers and authorities that conflict with the provisions of this act.

Section 2
.

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

(END)

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HB0250