CHEYENNE A Senate committee gave unanimous approval Wednesday to a bill aiming to protect Wyoming residents against potential federal overreach on gun regulations, despite some concerns from law enforcement officials regarding potential unintended effects of the legislation.
Titled the Second Amendment Preservation Act, Senate File 81 would deem invalid any federal laws or orders, including any gun taxes, confiscations, transfers or other regulations, that infringe on Wyoming residents ability to bear arms.
The bills primary sponsor, Sen. Anthony Bouchard, R-Cheyenne, explained to the Senate Judiciary Committee during its meeting Wednesday that his proposal was, in part, a response to the Biden administration taking over the countrys executive branch.
What were looking at here is the whole idea that we have a shift in Washington, and they actually want to use everything they can to go after our guns, Bouchard said.
The bill would also hold any law enforcement officer who knowingly deprives a Wyoming resident of their Second Amendment rights legally liable for such a violation, and it would remove qualified immunity, or protections that shield police and other government officials from lawsuits, under such violations included in the bill. That aspect of the bill drew significant concern from several law enforcement officials during the meeting Wednesday.
Law enforcement officials opposing the bill repeatedly emphasized their support for the Second Amendment and gun freedoms, but specific aspects of the bill gave them pause. Prior to the meeting, all 23 of Wyomings sheriffs had signed onto a letter raising concerns about the bill stripping qualified immunity under specific circumstances.
Sweetwater County Sheriff John Grossnickle told lawmakers that the qualified immunity portion of the bill would put Wyoming down the same path as those states of Washington and Oregon, in reference to states that have adopted tighter restrictions on law enforcement. The sheriff added that former President Donald Trump, who he described as one of the greatest supporters of law enforcement, would be opposed to such a measure.
The second half of this bill, which addresses law enforcement, contradicts everything that the former president stood for in regard to law enforcement, Grossnickle said. With that, I see that the hypocrisy of this bill actually knows no bounds, and, quite frankly, its a sad, sad day for law enforcement in the state of Wyoming if this bill proceeds the way it is.
Sheridan County Sheriff Allen Thompson recounted a recent case in a neighboring county in which some firearms were seized from fugitives, and the case was then turned over to federal entities for prosecution. Those instances are often beneficial to local law enforcement officials, Thompson said, as federal officials can take on cases that otherwise might be cost-prohibitive for local officials on their own.
What this bill does is really give a chilling effect to local law enforcement working at all with federal law enforcement, and, frankly, (it) would scare most officers and deputies into not seizing a firearm for any reason whatsoever, and sure as heck not talking to federal law enforcement about investigations, Thompson said.
Others questioned whether SF 81, which is similar to proposals enacted or being mulled in several other states, would be constitutional if enacted into law. Wyoming resident and attorney Linda Burt, who was a previous executive director of the ACLU of Wyoming, said the bill was absolutely unconstitutional, with substantial case law reaffirming that federal law takes precedence over state laws under the Supremacy Clause of the U.S. Constitution.
During the meeting, Bouchard said he was opposed to broader efforts to repeal qualified immunity for law enforcement officials, calls that have grown among progressives following the wave of protests against police brutality that occurred last summer in the wake of the killing of George Floyd.
The Laramie County senator said he plans to introduce amendments to the bill that would shift the liability burden from individual officers to agencies for violations included in his bill, adding he would like to work with law enforcement officials to address their concerns. Bill co-sponsor Rep. Dan Laursen, R-Powell, said it was frustrating that the bill sponsors had reached out to sheriffs asking for amendments and received no response.
The bill was then advanced by members of the Senate Judiciary Committee by a 5-0 vote. Senate File 81 will now head to the Senate floor for further consideration and debate.
Tom Coulter is the Wyoming Tribune Eagles state government reporter. He can be reached at tcoulter@wyomingnews.com or 307-633-3124. Follow him on Twitter at @tomcoulter_.
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Second Amendment Preservation Act proposal advanced by legislative committee - Wyoming Tribune