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Thu Jan 10, 2013, 04:11 PM

WYOMING: State Legislator Files Bill to Block Feds on Gun Control

Link to the bill: http://legisweb.state.wy.us/2013/Introduced/HB0104.pdf

1 HB0104
HOUSE BILL NO. HB0104
Firearm Protection Act.
Sponsored by: Representative(s) Kroeker, Baker, Burkhart,
Jaggi, Miller, Piiparinen, Reeder and
Winters and Senator(s) Dockstader and Hicks
A BILL
for
1 AN ACT relating to firearms; providing that any federal law
2 which attempts to ban a semi-automatic firearm or to limit
3 the size of a magazine of a firearm or other limitation on
4 firearms in this state shall be unenforceable in Wyoming;
5 providing a penalty; and providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 6-8-405 is amended to read:
10
11 6-8-405. Offenses and penalties; defense of Wyoming
12 citizens.
13
14 (a) No public servant as defined in W.S. 6-5-101, or
15 dealer selling any firearm in this state shall enforce or
16 attempt to enforce any act, law, statute, rule or
2013 STATE OF WYOMING 13LSO-0426
2 HB0104
1 regulation of the United States government relating to a
2 personal firearm, firearm accessory or ammunition that is
3 owned or manufactured commercially or privately in Wyoming
4 and that remains exclusively within the borders of Wyoming.
5
6 (b) Any official, agent or employee of the United
7 States government who enforces or attempts to enforce any
8 act, order, law, statute, rule or regulation of the United
9 States government upon a personal firearm, a firearm
10 accessory or ammunition that is owned or manufactured
11 commercially or privately in Wyoming and that remains
12 exclusively within the borders of Wyoming shall be guilty
13 of a misdemeanor and, upon conviction, shall be
14 subject to imprisonment for not less than one (1) year
15 and one (1) day or more than five (5) years, a fine of not
16 more than five thousand
17 dollars ($5,000.00), or both.
18
19 (c) The attorney general may defend a citizen of
20 Wyoming who is prosecuted by the United States government
21 for violation of a federal law relating to the manufacture,
22 sale, transfer or possession of a firearm, a firearm
23 accessory or ammunition owned or manufactured and retained
24 exclusively within the borders of Wyoming.
2013 STATE OF WYOMING 13LSO-0426
3 HB0104
1
2 (d) Any federal law, rule, regulation or order
3 created or effective on or after January 1, 2013 shall be
4 unenforceable within the borders of Wyoming if the law,
5 rule, regulation or order attempts to:
6
7 (i) Ban or restrict ownership of a semi8
automatic firearm or any magazine of a firearm; or
9
10 (ii) Require any firearm, magazine or other
11 firearm accessory to be registered in any manner.
12
13 Section 2. This act is effective immediately upon
14 completion of all acts necessary for a bill to become law
15 as provided by Article 4, Section 8 of the Wyoming
16 Constitution.
17
18 (END)


The state trying to enforce this against the Feds could get to be real interesting, for both the Feds and for the state.

11 replies, 1871 views

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Arrow 11 replies Author Time Post
Reply WYOMING: State Legislator Files Bill to Block Feds on Gun Control (Original post)
GreenStormCloud Jan 2013 OP
spin Jan 2013 #1
discntnt_irny_srcsm Jan 2013 #6
lastlib Jan 2013 #10
discntnt_irny_srcsm Jan 2013 #11
sinkingfeeling Jan 2013 #2
gejohnston Jan 2013 #3
discntnt_irny_srcsm Jan 2013 #4
GreenStormCloud Jan 2013 #7
razorman Jan 2013 #8
Tuesday Afternoon Jan 2013 #5
jody Jan 2013 #9

Response to GreenStormCloud (Original post)

Thu Jan 10, 2013, 04:19 PM

1. I predict several more states will pass legislation like this. ...

Time will tell.

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Response to spin (Reply #1)

Thu Jan 10, 2013, 05:08 PM

6. re: "I predict several more states will pass legislation like this."

I hope so.

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Response to discntnt_irny_srcsm (Reply #6)

Thu Jan 10, 2013, 07:08 PM

10. Article VI, Sec. 2 (United States Constitution):

“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”

Or doesn't the Constitution mean anything to you?

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Response to lastlib (Reply #10)

Thu Jan 10, 2013, 07:28 PM

11. regarding...

"...This Constitution, and the Laws of the United States which shall be made in pursuance thereof..."

...which does include the 9A and 10A. It is specifically contrary for the federal government to make laws affecting intrastate commerce among citizens of the that state. The states cooperate in the enforcement of penalties for NICS violations. Federal laws which intrude into the area state matters which are contrary to established state laws would be unconstitutional.

Having said that I believe that some of the penalty provisions of the state law would be unenforceable and if a federal law against a sale is ignored by an FFL in that state, the feds probably can't send him to prison and no matter how much the state may like his actions, the ATF will likely pull his license.

It will make for an interesting court case.

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Response to GreenStormCloud (Original post)

Thu Jan 10, 2013, 04:20 PM

2. Another group who have never read nor will ever understand the Constitution. Feds

trump states.

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Response to sinkingfeeling (Reply #2)

Thu Jan 10, 2013, 04:25 PM

3. but states don't have to enforce federal laws

it only applies to local law enforcement. IOW, the feds will have to do it themselves.
Works similar with pot laws in Colorado. Locals won't enforce the federal prohibition. They only did it before because of the state prohibition.
There is no state law against counterfiting, so local cops would have to call the USSS.
If I'm target shooting with a machine gun, which I don't have, a Florida cop doesn't have the authority to ask for its registration because there is no state law. Granted, we would be waiting for the ATF together, but then I would show it to him or her anyway.
Wyoming, at least before this anyway, has a corresponding law that says violating NFA is also a state crime, so a Wyoming cop would have such a authority.

Canada faced a similar issue, although their federal system is different, some of the provinces including Ontario refused to enforce the long gun registry.

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Response to sinkingfeeling (Reply #2)

Thu Jan 10, 2013, 04:35 PM

4. Ever read...

...the 9A and 10A in the Bill of Rights?

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Response to sinkingfeeling (Reply #2)

Thu Jan 10, 2013, 05:08 PM

7. Another poster who hasn't fully read or fully understands the Constitution.

Wyoming is invoking the Commerce Clause of the Constitution.

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Response to sinkingfeeling (Reply #2)

Thu Jan 10, 2013, 05:43 PM

8. Not always. I am not sure how this law will work out, but one thing

states can do is refuse to help the feds enforce gun laws. They could deny them personnel, traffic control, use of detention facilities, or other help that is traditionally provided by one law enforcement agency to another. This could turn into a real pissing contest. It could also have far-reaching ramifications concerning other issues.

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Response to GreenStormCloud (Original post)

Thu Jan 10, 2013, 04:44 PM

5. not surprised

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Response to GreenStormCloud (Original post)

Thu Jan 10, 2013, 05:45 PM

9. In 1854, the Wisconsin Supreme Court became the only state high court to declare the Fugitive Slave

 

Act unconstitutional, an act of nullification with origin back to Jefferson & Madison's KY and VA Resolutions.

It's quite possible that other states will follow Wyoming's lead.

It will be interesting now that SCOTUS has incorporated the Second Amendment in the Fourteenth Amendment with McDonald v. Chicago, 561 US 3025 (2010).

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