Wyoming HB 283: Second Amendment Protection Act amendments-2.

Bill Text

2025 STATE OF WYOMING
25LSO-0645
1 HB0283
HOUSE BILL NO. HB0283
Second Amendment Protection Act amendments-2.
Sponsored by: Representative(s) Wharff and Senator(s)
Biteman, French, Ide, Laursen, D, McKeown,
Salazar and Smith, D
A BILL
for
1 AN ACT relating to the protection of constitutional rights;
2 amending the Second Amendment Protection Act as specified;
3 creating exceptions to the Second Amendment Protection Act;
4 creating a civil penalty; creating an exception to the
5 Wyoming Governmental Claims Act; providing definitions;
6 making conforming amendments; and providing for an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 1-39-124 is created to read:
12
13 1-39-124. Liability; enforcement of federal
14 regulation of firearms, firearm accessories, magazines and
15 ammunition.

2025 STATE OF WYOMING 25LSO-0645
2 HB0283
1
2 A governmental entity is liable for damages resulting from
3 a violation of W.S. 9-14-203.
4
5 Section 2. W.S. 1-39-103(a)(ix), 1-39-104(a) and
6 9-14-203(a) through (c) and by creating new subsections (d)
7 through (f) are amended to read:
8
9 1-39-103. Definitions.
10
11 (a) As used in this act:
12
13 (ix) "This act" means W.S. 1-39-101 through
14 1-39-120 1-39-124.
15
16 1-39-104. Granting immunity from tort liability;
17 liability on contracts; exceptions.
18
19 (a) A governmental entity and its public employees
20 while acting within the scope of duties are granted
21 immunity from liability for any tort except as provided by
22 W.S. 1-39-105 through 1-39-112, and 1-39-122 and 1-39-123
23 through 1-39-124. Any immunity in actions based on a

2025 STATE OF WYOMING 25LSO-0645
3 HB0283
1 contract entered into by a governmental entity is waived
2 except to the extent provided by the contract if the
3 contract was within the powers granted to the entity and
4 was properly executed and except as provided in W.S.
5 1-39-120(b). The claims procedures of W.S. 1-39-113 apply
6 to contractual claims against governmental entities.
7
8 9-14-203. Prohibiting the enforcement of federal
9 regulation of firearms, firearm accessories, magazines and
10 ammunition; penalties; defense of Wyoming citizens.
11
12 (a) Except as otherwise provided in this section,
13 this state and all political subdivisions of this state are
14 prohibited from using any personnel or funds appropriated
15 by the legislature of the state of Wyoming, or any other
16 source of funds that originated within the state of Wyoming
17 or any federal funds or other source of funds to enforce,
18 administer or cooperate with attempt to enforce, provide
19 material aid, support or participate in any manner in the
20 enforcement or implementation of any unconstitutional act,
21 law, treaty, executive order, rule or regulation of the
22 United States government that infringes on or impedes the
23 free exercise of individual rights guaranteed under the

2025 STATE OF WYOMING 25LSO-0645
4 HB0283
1 Second Amendment of the Constitution of the United States
2 solely regarding firearms, accessories or ammunition
3 against any law abiding citizen.
4
5 (b) Nothing in this act shall limit or restrict a
6 public officer, as defined in W.S. 6-5-101(a)(v), from
7 providing assistance to federal authorities for purposes
8 not specifically identified in subsection (a) of this
9 section. Nothing in this act shall be construed to
10 prohibit Wyoming governmental entities from accepting
11 federal assistance or funds for law the enforcement
12 purposes of laws in this state.
13
14 (c) Any agency of the state, political subdivision or
15 law enforcement agency that employes any public officer, as
16 defined in W.S. 6-5-101(a)(v), or peace officer, as defined
17 in W.S. 7-2-101(a)(iv), who knowingly violates subsection
18 (a) of this section is guilty of a misdemeanor punishable
19 by imprisonment for not more than one (1) year, a fine of
20 not more than two thousand dollars ($2,000.00), or both any
21 provision of this act against any law abiding citizen while
22 acting under the direction of an official, agent, employee
23 or deputy of the United States government, or otherwise

2025 STATE OF WYOMING 25LSO-0645
5 HB0283
1 acting under the color of federal or state law, shall be
2 liable to the injured party for damages resulting from the
3 public officer's or peace officer's conduct in a civil
4 action before a court of competent jurisdiction. The court,
5 upon finding a violation of this act, shall impose a civil
6 penalty against the agency, political subdivision or law
7 enforcement agency in an amount of fifty thousand dollars
8 ($50,000.00) per violation and may order any injunctive or
9 other equitable relief as permitted by law. The court shall
10 hold a hearing on a motion for injunctive or equitable
11 relief within thirty (30) days of service of the petition.
12 In addition:
13
14 (i) An interested party may bring a civil action
15 to enforce the provisions of this act. A court of co