Wyoming has introduced legislation but not yet passed it, that would make it a felony to enforce the expected forthcoming federal gun ban.
A
Republican state lawmaker in Wyoming has introduced legislation to
prohibit enforcement of federal gun control measures that Vice President Joe
Biden is likely to recommend next week.
State Rep. Kendell Kroeker (R-Evansville) has put forward a bill
making it a felony to enforce in Wyoming any federal ban on assault weapons or
high-capacity gun magazines.
Kroeker said his bill, which would
hit federal agents with up to five years in prison and a $50,000 fine for
attempting to enforce such bans in Wyoming, is designed to be proactive in
preserving gun rights.
"We want to get things ahead
of the game," Kroeker said, pointing to opponents of the Bill of Rights
two centuries ago who argued that the amendments were not necessary because
there was no issue over those rights. "We take the Second Amendment
seriously in Wyoming."
Kroeker's bill covers gun bans
that the federal government passes after Jan. 1, 2013.
"I take an oath to uphold,
support and defend the Constitution of the United States and the constitution
of Wyoming," said Kroeker. "I believe it is my duty to take that
oath seriously. If the federal government is going to pass laws taking back our
rights, it is our right as a state to defend those rights."
Underlying this legislation, Kroeker is making a controversial argument about the power of states to nullify
federal law. He told HuffPost that Thomas Jefferson helped lead
Kentucky and Virginia lawmakers in resisting state enforcement of the Alien and
Sedition Acts in the late 18th century.
Kroeker has been joined by several
other GOP legislators in backing the bill, which could pass Wyoming's strongly
pro-Second Amendment, Republican-controlled Legislature.
2013
ReplyDeleteSTATE OF WYOMING
13LSO-0426
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
1 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 felony and, upon conviction, shall be
14 subject to imprisonment for not more less than one (1) year
15 and one (1) day or more than five (5) years, a fine of not
16 more than two thousand dollars ($2,000.00) 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
2 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 semi-
8 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)
3 HB0104