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SF0109 • 2024

Prohibit Red Flag Gun Seizure Act.

AN ACT relating to the protection of constitutional rights; 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.

Firearms
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Biteman
Last action
2024-03-22
Official status
enrolled
Effective date
3/22/2024

Plain English Breakdown

The bill summary does not provide specific details on how it will affect local governments' ability to make their own red flag gun seizure rules beyond preempting such laws.

Prohibit Red Flag Gun Seizure Act

This law stops Wyoming from enforcing rules or orders that take away someone's guns under 'red flag' conditions, unless they fall into specific legal exceptions.

What This Bill Does

  • It prevents the state of Wyoming and its agencies from enforcing federal or state laws that would remove firearms from residents based on concerns about their behavior, except for individuals who are convicted felons or have other specified legal issues.
  • It stops local governments in Wyoming from making their own rules about red flag gun seizures.
  • It allows people to sue if a government official violates this law by taking away someone's guns without proper legal reasons.

Who It Names or Affects

  • Residents of Wyoming who might be subject to red flag gun seizure orders.
  • Government officials and agencies in Wyoming that could enforce such orders.

Terms To Know

Red Flag Gun Seizure
A process where firearms, ammunition or related items can be taken from a person by law based on concerns about their behavior.
Civil Action
A lawsuit brought to enforce rights or seek remedies under the law.

Limits and Unknowns

  • The bill does not cover situations where firearms are seized as evidence in a criminal investigation.
  • It is unclear how this act will affect existing state laws that deal with firearm restrictions for certain individuals.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0109H2001

2nd reading • Representative Yin

Adopted

Plain English: The amendment to SF0109 removes specific references to violent crimes, nonviolent felons, and the loss of firearms rights.

  • Removed language about violent crimes from several sections of the bill.
  • Deleted mentions of nonviolent felons and the loss of firearms rights.
  • Adjusted numbering and wording in certain parts of the bill.
  • The exact impact on the overall meaning and enforcement of the bill is not fully explained by this amendment text alone.
SF0109H3001

3rd reading • Representative Sommers

Adopted

Plain English: The amendment adds specific criteria to the bill that would allow certain individuals, such as those adjudicated as legally incompetent or convicted of certain crimes, to be prohibited from owning guns.

  • Adds new conditions under which a person can lose their right to own firearms, including being legally incompetent, committed to a mental institution, an illegal alien in Wyoming, dishonorably discharged from the military, convicted of specific crimes listed in W.S. 6-2-510(b)(ii) or 6-2-511(b)(ii), and being a fugitive from justice.
  • The exact legal implications and enforcement details for these new criteria are not fully explained in the amendment text.
SF0109H3002

3rd reading • Representative Nicholas

Adopted

Plain English: The amendment removes certain sections of the bill related to specific legal references, altering the content and structure of the bill.

  • Removes lines from pages 1 through 7 that contain specific legal references such as '9-14-304' and replaces them with other references like '9-14-302' or '9-14-303'.
  • Eliminates entire sections of the bill on pages 2, 3, and 4 that were previously included.
  • The amendment text does not provide enough context to fully explain what these legal references mean or how their removal affects the overall intent of the bill.
  • Without additional information about the specific sections being deleted, it is unclear exactly which parts of the original bill are impacted.
SF0109H3003

3rd reading • Representative Nicholas

Failed

Plain English: The amendment removes the words 'statute, rule,' from specific sections of the bill.

  • Removes 'statute, rule,' from page 4, line 11 of the bill.
  • Removes 'statute, rule,' from page 5, line 22 of the bill.
  • Removes 'statute, rule,' from page 6, line 11 of the bill.
  • The amendment does not provide context for why these words are being removed or what impact this will have on the rest of the bill's content.
SF0109H3004

3rd reading • Representative Nicholas

Failed

Plain English: The amendment removes references to 'judicial finding' and 'judicial order' in the bill text, replacing them with commas or removing them entirely.

  • Removes mentions of 'judicial finding' throughout the bill.
  • Replaces commas before 'judicial order' with a single comma or removes them completely.
  • The exact impact on the interpretation and enforcement of the bill is unclear due to the removal of specific legal terms.
SF0109H3005

3rd reading • Representative Nicholas

Failed

Plain English: The amendment removes certain sections of the bill related to red flag gun seizure prohibitions and renumbers subsequent parts accordingly.

  • Removes lines 5 through 18 on page 6, which contain specific provisions about the prohibition of red flag gun seizures.
  • Changes '(d)' to '(c)' in line 20 on page 6.
  • Changes '(e)' to '(d)' in line 2 on page 6.
  • The exact content and implications of the removed sections are not provided, making it unclear what specific provisions were deleted.
SF0109H3006

3rd reading • Representative Nicholas

Failed

Plain English: The amendment removes provisions related to civil actions and penalties, and makes changes to section numbering in the bill.

  • Removes language about providing for a civil action and setting a penalty from the original bill text.
  • Deletes specific sections of the bill that deal with detailed rules and amendments previously added.
  • Modifies the numbering of certain sections within the bill.
  • The amendment's text does not provide clear explanations for why these changes are being made, which limits understanding of its full intent.
SF0109H3007

3rd reading • Representative Nicholas

Withdrawn

Plain English: The amendment removes a specific line from the bill, which is part of an act related to protecting constitutional rights and prohibiting red flag gun seizures.

  • Removes one line from the original bill text.
  • Without knowing the content of the deleted line, it's unclear what specific change this amendment makes.
SF0109HS001

Standing Committee • House Travel, Recreation, Wildlife and Cultural Re

Adopted

Plain English: The amendment changes the bill by adding conditions that certain individuals on parole or probation and those subject to involuntary hospitalization orders can also be affected by firearm seizure orders.

  • Adds 'parole or probation' after 'bond' in two places, allowing these statuses to apply to people who might have their firearms seized.
  • Includes a reference to an order of involuntary hospitalization under W.S. 25-10-110 and firearm seizure orders under W.S. 23-6-208 for individuals on bond, parole, or probation.
  • The amendment text does not explain the full implications of these changes in plain English.
  • It is unclear how this will affect existing laws and practices regarding firearm seizures.
SF0109SS001

Standing Committee • Senate Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment to SF0109 changes the wording in the bill to allow for evidence or information collected to be used when considering a red flag gun seizure.

  • Adds 'or collected' after 'evidence' on page 7, line 4 of the bill.
  • The amendment does not provide further details about what types of information can be collected or how it will affect the implementation of the red flag gun seizure law.

Bills Worth Reading With This One

These pairings are meant to flag bills from the same session that may have a bigger real-world effect when you read them together.

SF0073

Both bills address firearm-related rights and enforcement in Wyoming, with Bill A focusing on concealed carry permit eligibility and Bill B prohibiting red flag gun seizures.

High confidence Needs review

Possible combined effect: Bill A establishes eligibility requirements for obtaining a concealed carry permit, while Bill B prohibits the implementation of red flag orders that would seize firearms. Together, they create a comprehensive framework around firearm rights and enforcement in Wyoming.

Why this got flagged:
  • Both bills address firearm rights and enforcement but focus on different aspects: Bill A sets eligibility criteria for concealed carry permits, while Bill B prohibits red flag gun seizures. Together, they provide a more complete picture of Wyoming's approach to firearms regulation.
  • A person may be disqualified from receiving a permit if the person has been convicted of a felony violation of the Wyoming Controlled Substances Act and has not been pardoned by the Governor.
  • This act amends the eligibility requirement for a person who has been convicted of a felony violation of the Wyoming Controlled Substances Act to include that a person may become eligible if they have had their firearm rights restored pursuant to W.S. 7-13-105(a) or (f).
  • This bill prohibits the state of Wyoming from enforcing any federal statute, rule, executive order, judicial order or judicial finding that prohibits a person from owning, possessing or transferring a firearm, ammunition or related accessories or orders from ordering the seizure of those items.
  • The bill provides exceptions from this seizure prohibition for people who are convicted felons, subject to a protective order, on probation, parole or bond, adjudicated legally incompetent, committed to a mental institution, unlawfully in the state, dishonorably discharges, fugitives from justice, or subject to an order for violating hunting laws.

Bill History

  1. 2024-03-22 LSO

    Assigned Chapter Number 116

  2. 2024-03-22 Governor

    Governor Signed SEA No. 0054

  3. 2024-03-07 House

    H Speaker Signed SEA No. 0054

  4. 2024-03-07 Senate

    S President Signed SEA No. 0054

  5. 2024-03-07 LSO

    Assigned Number SEA No. 0054

  6. 2024-03-07 Senate

    S Concur:Passed 30-0-1-0-0

  7. 2024-03-07 Senate

    S Received for Concurrence

  8. 2024-03-06 House

    H 3rd Reading:Passed 54-8-0-0-0

  9. 2024-03-05 House

    H 2nd Reading:Passed

  10. 2024-03-04 House

    H 2nd Reading:Laid Back

  11. 2024-03-01 House

    H COW:Passed

  12. 2024-03-01 House

    H Placed on General File

  13. 2024-03-01 House

    H06 - Travel:Recommend Amend and Do Pass 8-1-0-0-0

  14. 2024-02-28 House

    H Introduced and Referred to H06 - Travel

  15. 2024-02-28 House

    H Received for Introduction

  16. 2024-02-27 Senate

    S 3rd Reading:Passed 31-0-0-0-0

  17. 2024-02-26 Senate

    S 2nd Reading:Passed

  18. 2024-02-23 Senate

    S COW:Passed

  19. 2024-02-20 Senate

    S Placed on General File

  20. 2024-02-20 Senate

    S05 - Agriculture:Recommend Amend and Do Pass 6-0-0-0-0

  21. 2024-02-16 Senate

    :Refer to S05 - Agriculture

  22. 2024-02-16 Senate

    S Introduced and Referred to S01 - Judiciary 29-2-0-0-0

  23. 2024-02-13 Senate

    S Received for Introduction

  24. 2024-02-13 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 24LSO-0306

Bill No.:

SF0109

Effective:

Immediately

LSO No.:

24LSO-0306

Enrolled Act No.:

SEA No. 0054

Chapter No.:

116

Prime Sponsor:

Biteman

Catch Title:

Prohibit Red Flag Gun Seizure Act.

Has Report:

No

Subject:

Red flag gun seizures.

Summary/Major Elements:

This bill prohibits the state of Wyoming from enforcing any federal statute, rule, executive order, judicial order or judicial finding that prohibits a person from owning, possessing or transferring a firearm, ammunition or related accessories or orders from ordering the seizure of those items. The bill provides exceptions from this seizure prohibition for people who are convicted felons, subject to a protective order, on probation, parole or bond, adjudicated legally incompetent, committed to a mental institution, unlawfully in the state, dishonorably discharges, fugitives from justice, or subject to an order for violating hunting laws.

This bill provides for civil actions and removes governmental immunity for violations of the act.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text 
24LSO-0306

ORIGINAL Senate

ENGROSSED
File No
.
SF0109

ENROLLED ACT NO. 54,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to the protection of constitutional rights; 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
‑
39
‑
122 and 9
‑
14
‑
301 through 9
‑
14
‑
303 are created to read:

1
‑
39
‑
122.

Liability; enforcement of a red flag gun seizure.

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

ARTICLE 3
PROHIBIT RED FLAG GUN SEIZURE ACT

9
‑
14
‑
301.

Short title.

This article shall be known and may be cited as the "Prohibit Red Flag Gun Seizure Act."

9
‑
14
‑
302.

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 person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6
‑
2
‑
510(b)(ii) or 6
‑
2
‑
511(b)(ii), is a fugitive from justice under 7
‑
3
‑
213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7
‑
3
‑
508, 7
‑
3
‑
509, 35
‑
21
‑
104, 35
‑
21
‑
105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25
‑
10
‑
110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23
‑
6
‑
208; or

(B)

Orders the removal or requires the surrender of a firearm, ammunition or related accessories from a specific person unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6
‑
2
‑
510(b)(ii) or 6
‑
2
‑
511(b)(ii), is a fugitive from justice under 7
‑
3
‑
213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7
‑
3
‑
508, 7
‑
3
‑
509, 35
‑
21
‑
104, 35
‑
21
‑
105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25
‑
10
‑
110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23
‑
6
‑
208.

(ii)

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

(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.

(e)

Nothing in this act shall be construed to prohibit or prevent a firearm, firearm accessory or ammunition from being seized as evidence or collected by law enforcement in the course of a lawful investigation.

9
‑
14
‑
303.

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
‑
2
‑
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 within the scope of their employment shall be liable to the injured party for damages resulting from the public officer's or peace officer's conduct 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.

Section 2.

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 1
‑
39
‑
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
‑
39
‑
120(b). The claims procedures of W.S. 1
‑
39
‑
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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1