Anti-red flag gun seizure act.

23LSO-0482
2023
STATE OF WYOMING
23LSO-0482
Numbered
2.0

SENATE FILE NO. SF0179

Anti-red flag gun seizure act.

Sponsored by: Senator(s) Laursen, D, Biteman, Bouchard, French, Hutchings, Ide, McKeown and Salazar and Representative(s) Allemand, Heiner, O'Hearn, Ottman, Rodriguez-Williams, Strock and Ward

A BILL

for

AN ACT relating to the protection of constitutional rights; making legislative findings; declaring legislative authority; prohibiting the implementation or enforcement of a red flag gun seizure; preempting local law; providing definitions; providing for a civil action; providing a penalty; waiving sovereign immunity; authorizing attorney's fees; authorizing the attorney general to initiate a civil action; and providing for an effective date.

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

Section 1.

W.S. 1
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39
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122 and 9
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14
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301 through 9
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14
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304 are created to read:

1
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39
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122.

Liability; enforcement of a red flag gun seizure.

A governmental entity is liable for damages resulting from a violation of W.S. 9
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14
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303(a) or (b) pursuant to W.S. 9
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14
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304.

ARTICLE 3
ANTI RED FLAG GUN SEIZURE 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 "Anti Red Flag Gun Seizure Act."

9
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14
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302.

Declaration of authority.

(a)

The Anti Red Flag Gun Seizure Act is enacted under the authority of the second and tenth 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
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303 is provided by 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)

Red flag gun seizures, as defined by W.S. 9
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14
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303(a), that allow for the confiscation of firearms prior to a conviction for a violent felony in a judicial proceeding, are unconstitutional.

9
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14
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303.

Prohibiting the implementation or enforcement of a red flag gun seizure, preempting local law, penalties.

(a)

For purposes of this act:

(i)

"Red flag gun seizure" means a federal statute, rule, executive order, judicial order or judicial finding or any state statute, rule, executive order, judicial order or judicial finding that does any of the following:

(A)

Prohibits a specific person from owning, possessing, transporting, transferring or receiving a firearm, ammunition or related accessories unless the individual has been convicted of a violent felony crime; or

(B)

Orders the removal or requires the surrender of a firearm, ammunition or related accessories from a specific person unless the individual has been convicted of a violent felony crime.

(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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304.

(b)

The state of Wyoming, including any agency or any political subdivision in the state shall be prohibited from implementing or enforcing any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming.

(c)

This state and any agency or any political subdivision, including any law enforcement agency, in the state of Wyoming shall be prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming, any other source of funds that originated within the state of Wyoming or accepting any federal funds to implement any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming. Nothing in this section shall be construed to prohibit Wyoming officials from accepting aid from federal officials to enforce any Wyoming law not in conflict with this act.

(d)

This act shall preempt any local law, ordinance or regulation regarding a red flag gun seizure order or any other law, ordinance or regulation that may conflict with any provision of this act.

9
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14
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304.

Civil actions permitted, remedies.

(a)

Any agency of the state, political subdivision or law enforcement agency that employs any public officer or

peace officer, as defined in W.S. 7
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2
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101(a)(iv), who knowingly violates any provision of this act and enforces a red flag gun seizure against any resident of the state of Wyoming while acting in any official capacity shall be liable to the injured party for damages resulting from the public officer's or peace officer's in a civil action before the district court in which county the red flag gun seizure was enforced. The court, upon a finding of a violation of this act, may impose a civil penalty against the agency or political subdivision in an amount not to exceed fifty thousand dollars ($50,000.00) per violation and may order any injunctive or other equitable relief as permitted by law. The court shall hold a hearing on a motion for injunctive or equitable relief of a red flag gun seizure within thirty (30) days of service of the petition.

(b)

An interested party may bring a civil action to enforce the provisions of this act. The district court may order injunctive or other equitable relief, recovery of damages or other legal remedies permitted by law and payment of reasonable attorney fees.

(c)

In any action brought under subsection (b) of this section, the court may award the prevailing party, other than the state of Wyoming or any political subdivision of the state, reasonable attorney fees. Sovereign immunity shall not be an affirmative defense in any action pursuant to this section.

(d)

The attorney general is authorized to bring any action necessary to enforce the provisions of this act.

Section 2.

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

1
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39
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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
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39
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105 through 1
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39
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112
and 1
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39
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122
. 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
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39
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120(b). The claims procedures of W.S. 1
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39
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113 apply to contractual claims against governmental entities.

Section 3
.

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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SF0179