A Wyoming Senate committee has passed an amended version of the Second Amendment Protection Act (SAPA) that aims to further protect gun rights in the state, Wyoming News Now reports.
The bill, known as Senate File 196, was reviewed by the Senate Agriculture, State and Public Lands and Water Resources Committee on Tuesday.
Former state Senator Anthony Bouchard, who advocated for the bill, argued that SF 196 addresses several barriers to Wyomingites’ constitutional rights. The bill proposes amendments to the original SAPA, which was passed in 2022. Under the existing law, a county prosecutor is required to file charges against a police officer who violates an individual’s Second Amendment rights. The law also bans local law enforcement from enforcing federal gun control laws that are deemed “unconstitutional,” although the original legislation does not clearly define what constitutes an unconstitutional law. It also sets guidelines for when local law enforcement can participate in federal gun law enforcement.
SF 196 seeks to introduce both civil and criminal penalties for violations of the Second Amendment. The amended bill would clarify the definition of “unconstitutional” and further restrict law enforcement’s role in assisting the federal government with gun seizures. The bill also specifies that civil charges could only be filed against departments, rather than individual officers.
While the bill passed the committee unanimously, some law enforcement officials expressed concerns. Allen Thompson, Executive Director of the Wyoming Association of Sheriffs and Chiefs of Police, questioned whether the bill is necessary, noting that there has been no evidence of law enforcement officers in Wyoming violating the rights of gun owners or being sued for doing so.
Cheyenne Police Department Captain David Janes also raised concerns about the potential impact on qualified immunity, which protects officers from legal action while performing their duties. Janes warned that the bill could complicate officers’ ability to make decisions in the interest of public safety and increase the risk of frivolous lawsuits.
Despite these concerns, proponents of the bill, including representatives from the Wyoming Gun Owners organization, emphasized the importance of protecting Second Amendment rights, particularly in light of changing federal administrations. They argued that with the current supportive federal government, now is the time to make these protections more concrete.
The bill includes provisions to ensure penalties for public officers who knowingly violate the law, with possible misdemeanor charges, fines, or jail time. It also protects law enforcement officers from liability in investigations related to violations of Wyoming law, and ensures the bill does not preclude lawful firearm seizures.
SF 196 now moves on to the full House of Representatives for further consideration.
