Second Amendment Protection Act-amendments.

25LSO-0433
2025
STATE OF WYOMING
25LSO-0433
Numbered
2.0

HOUSE BILL NO. HB0303

Second Amendment Protection Act-amendments.

Sponsored by: Representative(s) Pendergraft, Allemand, McCann and Styvar and Senator(s) Hicks

A BILL

for

AN ACT relating to the protection of constitutional rights; providing an exception to the Wyoming Governmental Claims Act; providing a civil cause of action; amending definitions; including peace officers within the Second Amendment Protection Act; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
39
‑
124 and 9
‑
14
‑
204 are created to read:

1
‑
39
‑
124.

Liability; enforcement of federal regulation of firearms, firearm accessories, magazines and ammunition.

A governmental entity is liable for damages resulting from a violation of W.S. 9
‑
14
‑
203(a) pursuant to W.S. 9
‑
14
‑
204.

9
‑
14
‑
204.

Civil actions permitted; remedies.

(a)

Any governmental entity as defined in W.S. 1
‑
39
‑
103(a)(i), agency of the state, local government as defined in W.S. 1
‑
39
‑
103(a)(ii) or law enforcement agency that employs any public officer as defined in W.S. 6
‑
5
‑
101(a)(v) or peace officer as defined in W.S. 7
‑
2
‑
101(a)(iv) which officer knowingly violates W.S. 9
‑
14
‑
203(a) while acting within the scope of the officer's employment shall be liable to an injured party for damages resulting from the public officer's or peace officer's conduct in a civil action before a court of competent jurisdiction. The court, upon a finding of a violation and in addition to any damages ordered under the Wyoming Governmental Claims Act, may impose a civil penalty against the governmental entity, agency or local government in an amount not to exceed fifty thousand dollars ($50,000.00) per violation and may order any injunctive or other relief permitted by law and payment of reasonable attorney fees and costs to the injured party.

(b)

Sovereign immunity shall not be an affirmative defense in any action under this section.

Section 2
.

W.S. 1
‑
39
‑
103(a)(ix), 1
‑
39
‑
104(a)

and 9
‑
14
‑
203(b) and (c) are amended to read:

1
‑
39
‑
103.

Definitions.

(a)

As used in this act:

(ix)

"This act" means W.S. 1
‑
39
‑
101 through
1
‑
39
‑
120
1
‑
39
‑
124
.

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
and 1
‑
39
‑
123
through 1
‑
39
‑
124
. 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.

9
‑
14
‑
203.

Prohibiting the enforcement of federal regulation of firearms, firearm accessories, magazines and ammunition; penalties; defense of Wyoming citizens.

(b)

Nothing in this act shall limit or restrict a public officer, as defined in W.S. 6
‑
5
‑
101(a)(v),
or a peace officer, as defined in W.S. 7
‑
2
‑
101(a)(iv),
from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section.

Nothing in this act shall be construed to prohibit Wyoming governmental entities from accepting federal funds for law enforcement purposes.

(c)

Any public officer, as defined in W.S. 6
‑
5
‑
101(a)(v),
or peace officer, as defined in W.S. 7
‑
2
‑
101(a)(iv),
who knowingly violates subsection (a) 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.

Section 3.

This act is effective July 1, 2025
.

(END)

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HB0303