A measure adding stiff penalties and civil liabilities to Wyoming’s existing gun law cleared the House on Thursday and now heads to Gov. Mark Gordon, who vetoed a similar bill last year.
Senate File 101 passed 40-21, advancing changes to the Second Amendment Protection Act that would allow anyone—not just the state—to file civil lawsuits over alleged violations, while imposing $50,000 civil penalties per infraction on agencies, including those that hire officers who previously enforced federal firearms directives.
The bill has drawn strong opposition from all 23 Wyoming sheriffs, who warned in a letter to lawmakers that the changes create legal ambiguity that could put officers at risk, threaten federal partnerships and hamper crime-fighting efforts.
Rep. Art Washut, R-Casper, unsuccessfully attempted to amend the bill to require federal directives be “unconstitutional” before triggering penalties. “It does a disservice to our law enforcement personnel if we say you’re going to be subjected to the conditions of this bill, even though you don’t know whether or not the actions you’re engaged in are going to be determined to be constitutional or unconstitutional at some point in the future,” he said.
Rep. Jeremy Haroldson, R-Wheatland, argued against the amendment, saying “the constitutionality insertion actually creates more of a gray area than leaving it out and drawing a hard line.”
Supporters, including Second Amendment advocacy groups, describe the changes as necessary protection against federal overreach. Rep. Bob Wharff, R-Evanston, said the bill only addresses federal actions “solely” concerning firearms, accessories or ammunition taken from law-abiding citizens, and wouldn’t hinder responses to crimes like domestic disturbances involving guns.
Sen. Chris Rothfuss, D-Laramie, argued passionately in support, reminding colleagues that the Second Amendment’s original purpose was citizen protection against an overly powerful federal government.
But Sen. Tara Nethercott, R-Cheyenne, who voted for the bill, expressed broader concerns about expanding civil liability. “We are on this trend of creating all this civil liability. Good for the lawyers. Not sure it’s good for the people.”
Gordon has three days to veto or sign the bill into law.
Two other gun bills also passed Thursday: House Bill 96 lowers the concealed carry age from 21 to 18, eliminating current requirements for sheriff recommendations; House Bill 98 adds misdemeanor penalties—up to $2,000 and/or a year in prison—for violating Wyoming’s Prohibit Red Flag Gun Seizure Act.
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