WY: The Truth and Lies about the Wyoming Second Amendment Protection Act
The GOA-backed Second Amendment Protection Act passed the Wyoming Senate almost two weeks ago, and it has passed its first two readings in the Wyoming House this week!This Bill (SF0102) must be voted on one final time before being sent to the Governor for his signature.
If enacted into law, SF0102 would make it illegal for state and local officials to enforce or cooperate with unconstitutional Federal gun control.
Sadly, SF0102 is opposed by two anti-Second Amendment groups who are united in opposition alongside a misguided “Pro-Gun Group” based out of the Northeastern U.S.
This group and their New York-based lobbyist have spread misinformation about this bill in an attempt to confuse Wyoming citizens and destroy any ability to finally pass this legislation. The falsehoods regarding what SF0102 actually does and does not do bring one to wonder if their main agenda is closer to what they are reportedly guilty of in this BearingArms article.
IN REALITY, SF0102 (SAPA) WOULD BE A HUGE WIN FOR WYOMING FIREARMS FREEDOMS! HERE ARE SOME FACTS TO CLEAR UP ANY CONFUSION.
- Despite claims that SF0102 does not have a strong penalty, the penalties for violation of SF0102 include a $2,000 fine and up to one year in jail. The potential of one year in jail gives this act one of the nation’s strongest criminal penalties. This could be a huge deterrent to any official considering enforcing unconstitutional gun control.
- Despite claims to the contrary, SF0102 does not allow Wyoming officials to participate in federal gun control task forces. The law specifically allows participation in law enforcement actions “other than those related to firearms.” This language is clearly spelled out in Section 1-9-14-203, Subsections (a) and (b) of the proposed legislation.
- Despite claims to the contrary, SF0102 was not modified or developed as part of a process to “gut” failed Senate Bill 87. SF87 was a separate Bill and only received 9 votes for Senate introduction, falling 11 votes short of the threshold needed to be considered during the 2022 Budget Session. Frankly, the bill never had a chance of being enacted into Wyoming law, and it is time for opponents of SF0102 to stop pretending otherwise.
- Opponents of SF0102 present the false argument that failed SF87 was somehow a stronger bill and that nothing less can or should ever be considered. But SF87 contained several poison pill provisions that would have prevented it from withstanding judicial scrutiny. One in particular would likely have resulted in the ENTIRE BILL being invalidated by the courts. Take this example as background: GOA has challenged the 1986 Gun Control Act (GCA) and the 1934 National Firearms Act (NFA), but sadly, the courts have routinely upheld these horrendous laws. So, the mistake that SF87 makes is that it implicitly attempts to invalidate the GCA and NFA but without containing a severability clause. This means that if SF87 were to pass — and if the courts were to strike down just one provision of the law as it relates to the GCA or NFA — then the ENTIRE LAW (as contained in SF87) would fall and we would be back to square zero. The failure to contain a severability clause is a huge legal blunder that would take down this entire bill.
- Further, SF87 was so poorly written it would have likely made it a crime to sell new firearms in Wyoming by criminalizing what well-meaning Wyoming gun dealers do while complying with current federal laws. Gun Owners of America is sure this unintended consequence would have had serious impacts and likely have caused SF87 to fail to withstand any court challenge.
- SF87 would have allowed Wyoming law enforcement to enforce old gun-related taxes, as long as they are not “new taxes.” So, if Joe Biden is successful in his attempts to treat pistol-braced firearms as NFA items, Wyoming could still enforce that ban under SF87 given the argument that the 1934 NFA is an “old tax.” The same problem could occur with treating AR-15s as NFA items, and this is exactly what David Chipman wanted to do (had he been confirmed as the ATF Director).
- Another problem with SF87 – which is not present in its supposed prototype from Missouri – is that SF87 does not prohibit Wyoming law enforcement from complying with “court orders.” Therefore, all Joe Biden needs to do in order to make Wyoming sheriffs his agents, in order to enforce gun control within the state, is to get a court order.
- Some opponents of SF0102 are so obsessed with the FAILED BILL SF87, that they would rather Wyoming citizens be completely unprotected from federal gun control than have the protections provided by the bill (SF0102) that actually made Senate introduction by a 21 to 9 margin. The only Bill we have is SF0102, and it continues to move through the process and has a chance to pass the Wyoming House of Representatives on Wednesday.
Let’s be honest. No Bill was ever going to pass the Wyoming legislature with 100% unified opposition from law enforcement like we have witnessed in the past when that Northeast-based group attempted to pass legislation.
SF0102 is and was simply a better Bill capable of withstanding judicial scrutiny and garnering the support of a diverse group of people, including members of both legislative chambers, Wyoming citizens, and Wyoming law enforcement officials. SF0102 has the support of the Wyoming Association of Sheriffs and Chiefs of Police, and these Wyoming officials have made it clear they intend to defend the Second Amendment Rights of law-abiding citizens by prosecuting state or local officials who would enforce federal gun control.
Tomorrow, the battle for the Wyoming Second Amendment Protection Act (SF0102) is moving to its final vote on the floor of the House of Representatives.
Please contact your Wyoming Representative and ask him or her to vote to pass the Second Amendment Protection Act without weakening Amendments. Ask them to reject the false information being portrayed about failed SF87 and embrace the opportunity to pass SF0102 to protect our rights.
With your support, we are one step closer to finally having a Second Amendment Protection Act that can protect the citizens of Wyoming from an over-reaching Federal Government.
So again, please contact your Representatives and urge them to pass this legislation into law.