Wyoming Firearm Protection Act

[kraigwy]

"Firearm Protection Act" HR 0104

Wyoming is going to make it illegal to enforce any more federal gun laws.

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.

(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)

http://legisweb.state.wy.us/2013/Introduced/HB0104.pdf

I love this part:

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.

[BarryLee]

So, why is this different than the States that legalized marijuana? Mr. Obama has stated that the DEA would not enforce the Federal Marijuana laws in those States, so would the same theory apply here?

[Dr Big Bird PhD]

Obama will most likely issue an EO to enforce this law on Wyoming creating a legal battle

[btmj]

yeah but who is going to enforce it? Not the local police and sherrif's dept, not the state police. There is no Federal Police force, only investigative and regulatory enforcement agencies. The FBI and BATF will have a hard time enforcing anything without the cooperation of the state and local police.

I think it is wonderful

[stu925]

Kraig I may come join you in Wyoming, New York has lost it's mind. Here's an excerpt from NYS bill S01422 (edited for content and length):

S 5. Section 265.02 of the penal law, as amended by chapter 764 of the
9 laws of 2005, is amended to read as follows:
10 S 265.02 Criminal possession of a weapon in the third degree.
11 A person is guilty of criminal possession of a weapon in the third
12 degree when:
23 (5) (i)Such person possesses three or more firearms; or (ii) such
24 person possesses a firearm and has been previously convicted of a felony
25 or a class A misdemeanor defined in this chapter within the five years
26 immediately preceding the commission of the offense and such possession
27 did not take place in the person's home or place of business; or
31 Criminal possession of a weapon in the third degree is a class D felo-
32 ny.

By the way a class D felony carries a penalty of 2-7yrs in state prison.

Oh yeah and let's not forget this little gem:

33 S 6. Section 265.04 of the penal law, as amended by chapter 764 of the
34 laws of 2005, is amended to read as follows:
35 S 265.04 Criminal possession of a weapon in the first degree.
36 A person is guilty of criminal possession of a weapon in the first
37 degree when such person:

40 (2) possesses ten or more firearms; OR
41 (3) POSSESSES AN ASSAULT WEAPON; OR 42 (4) POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. 43 Criminal possession of a weapon in the first degree is a class B felo-.
44 ny

Class B felonies carry a penalty of 5-25yrs in a state prison
These would be considered violent felonies also. If this bill passes I'm packing my stuff and bailing out of this state, retirement be damned.

Anyone interested can read the full text athttp://assembly.state.ny.us/leg/?def...mmary=Y&Text=Y
Stu

[motorhead0922]

Property values in Wyoming just went up...

Yes it is a great state.

[Tom Servo]

Obama will most likely issue an EO to enforce this law on Wyoming creating a legal battle

Assuming such laws take place on the federal level, it should make things very interesting from a 10th Amendment standpoint.

I've little doubt the Supreme Court would find in favor of the federal government in such a situation. Enforcement? Remains to be seen.

[Al Norris]

The several States that have passed these Firearms Protection Acts (by that or any other name) are States that are challenging the Commerce Clause legislation of the Feds.

In a nutshell, these States are saying that the Courts have gone too far in what it has allowed the Congress to legislate, in the name of "Interstate Commerce."

[Tom Servo]

The several States that have passed these Firearms Protection Acts (by that or any other name) are States that are challenging the Commerce Clause legislation of the Feds.

IIRC, Wyoming was one of them. I've yet to see a court challenge, though.

Interestingly enough, H.R. 21, the first gun control bill of this session, cites the Commerce Clause as its authority.

[Al Norris]

I feel rather dumb for having made the previous comment.

Having now read the bill, if it passes, it puts some teeth into the previously passed Wyoming Firearms Freedom Act, and it serves as a warning to all of the Congress that should it pass legislation purporting to ban firearms or ammunition or that provides for registration, all federal law enforcement personnel who attempt to enforce these purported federal laws may be prosecuted under State law for a felony.

Now I have to see if my Idaho legislature is following suit!....

[Dr Big Bird PhD]

Having now read the bill, if it passes, it puts some teeth into the previously passed Wyoming Firearms Freedom Act, and it serves as a warning to all of the Congress that should it pass legislation purporting to ban firearms or ammunition or that provides for registration, all federal law enforcement personnel who attempt to enforce these purported federal laws may be prosecuted under State law for a felony.

Didn't we do this 150 years ago?

Do these politicians not learn?

Edit: I'm on Wyoming's side

[FrankenMauser]

Now I have to see if my Idaho legislature is following suit!....

I've been sending emails, to get the same thing going in Utah, since December 18th. Unfortunately, the new session doesn't start until the end of January, and they only have about 8 days to get new bills introduced. (Sounds like a lot... but the legislature seems to waste about 7.9 of them. )

[HiBC]

When I was looking for an organization to join to fulfill a CMP requirement,I chose a lifetime membership in the Wyoming State Shooting Association.

I live in Colorado,but I chose the WSSA because I recognise and respect the work they have done in regard to handgun carry in the state of Wyoming.

I still do not live in Wyoming,but I feel real good about joining the WSSA.

[Spats McGee]

I try very hard not to type in all caps, as I don't like "shouting" on the internet. That said,

GO WYOMING!

[Frank Ettin]

Before we all get too excited, it's extremely doubtful that this would get anywhere in federal court.

Remember that the Founding Fathers provided in the Constitution (Article VI, Clause 2, emphasis added):

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; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Founding Fathers also provided in the Constitution (Article III):

Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish....

Section 2. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,...

And with regard to the reach of the Commerce Clause, see Gonzales v. Raich, 545 U.S. 1 (2005).

[Wyoredman]

I am writing my State Rep and Senator in support of this legislation.

Edit: Here is a link to the Wyoming Legislature Represenative locator page. http://legisweb.state.wy.us/LSOWEB/LegInfo.aspx

Use it and support Wyoming sovereignty!

[Al Norris]

Frank, I agree with what you wrote. I would also point out that should a Federal Agent be prosecuted, that trial would be removed to Federal Court and qualified immunity would then be attached. However....

All of these State laws are aimed at restricting the reach of Raich, in that the regulation of interstate commerce has gone too far when it explicitly interferes with a States police power.

Let's all remember that the Federal Government has no inherent police power and that it has only been through the commerce clause that such power has attached and eroded the 10th amendment.

[Frank Ettin]

Originally Posted by Al Norris

...All of these State laws are aimed at restricting the reach of Raich, in that the regulation of interstate commerce has gone too far when it explicitly interferes with a States police power...

Al, I agree, and symbolically these laws contain a powerful political message.

But legally, the only way the reach of Raich can be restricted is by the federal courts or by federal statutes limiting their preemptive effect. In effect either the federal courts will need to find bases upon which to retreat from their expansive application of the Commerce Clause, or Congress will need to decide that excessive encroachment on state prerogatives is bad public policy.

And of course there are tradeoffs, and we in the gun community have our own ambivalence. On one hand we complain about the expansion of the Commerce Clause and applaud state laws like this one in Wyoming purporting to restrict that expansion. On the other hand, in other contexts we rail at the confusion created by a hodgepodge of state gun laws.

And of course the 10th Amendment tension goes far beyond firearm laws. Do we want to see "states' rights" again surface as a justification for discrimination against blacks, Asians, Jews, or guys named Al or Frank?

[LockedBreech]

As a Wyoming resident I like the law. I'm under no illusion it'd do much but I like the message.

[kraigwy]

The way I see it, if it passes, the worse case is at least the feds wont have any help from the County & Statel LE officers.

It ain't like the feds will be able to go door to door..........the doors are too far apart and they'd probably get lost.

[Isk]

Kraigwy, that's hilarious.

This seems to be an interesting trend. Are we seeing the country turn back toward federalism after all these years of handing power over to the feds? A lot of states are starting to stand up for themselves...

[HisDudeness]

Why is this getting zero play in the mainstream media? I guess they are still trying very hard to keep this argument as one sided as possible.

[Alabama Shooter]

Why is this getting zero play in the mainstream media? I guess they are still trying very hard to keep this argument as one sided as possible.

Wyoming is the least populous state in the US. Any media play would be negative so why bother?

[Wyoredman]

If this bill makes it out of committee, and is passed on the floor of the Wyoming State House, I suspect it will make some news headlines.

I can see it now: "Wyoming Crazy for Assualt Weapons" - NewYork Times - written by a journalist who has never been to the Cowboy State!

Keep your fingers crossed that this one passes. I hope our Governor will sign it if passed, he most likely will, but his is an ex-federal prosecutor.

[Raven1776]

Frank,
You seem like you are all for State's rights but reading your post makes you sound like a "wolf in sheeps clothing". First, if this law is passed, and any federal agent were to be prossocuted for it, Wyoming does not have to turn said agent over to the federal courts. This would be a State issue, not a Constitutional issue. The supreme court is only supposed to hear cases that pertain to the constitution. As any "gun ban/magazine ban" would not ba an amendment to our Constitution, only an un-constitutional law against the 2nd Amendment, the supreme court would not apply.
Second, I would personally like to see our great State change this bill from a law to an amendment to the State Constitution, adding it to the Wyoming Freedom of Firearms amendment already passed.
People today do not realize that the States already have a trump on any and all federal laws that are not constitutional amendments or treaties with foriegn nations. It is called the 10th amendment! Yes, the Constitution and said treaties with foriegn nations, according to the Constitution are the supreme law of the land. This is why the fed is trying to get the small arms treaty passed. They know an amendment to the constitution would fail to be ratified. This is were the States can pick apart federal law. The States just need to start standing up for themselves and our rights! "We the People" can do this!
Call your State representatives! Tell your family and friends to do the same!! Continue to call everyday! They need to hear from The People!!