CHEYENNE — Secretary of State Chuck Gray wanted to make it clear at Monday evening’s State Building Commission meeting that he hasn’t forgotten about Gov. Mark Gordon’s veto of House Bill 125 during the 2024 legislation session, a bill that would have banned gun-free zones in Wyoming.
“You ultimately had before your desk a decision of whether to sign or not sign the bill,” Gray said. “How can something that goes through the leader of the executive branch violate the separation of powers?”
The Building Commision met to discuss proposed draft rules that would allow for concealed carry of firearms in the Wyoming Capitol building. People are now not allowed to conceal carry firearms in the Capitol.
In his veto letter, Gordon argued the Legislature superseded its authority in House Bill 125 to areas of the Capitol it didn’t have jurisdiction over.
Gray argued that Gordon was making circular arguments.
“In my view, House Bill 125 was a grand slam,” Gray said. “I think the opportunity for the executive branch to speak was through the acceptance of the bill and the public comment process. But where we’re at here in 2024 is it was vetoed.”
Despite Gray bringing up multiple times his frustration with Gordon’s veto, the governor did not take the bait and get into an argument with the secretary of state. Instead, he reiterated his viewpoint that it’s the Building Commission’s responsibility to address concealed carry first through the rulemaking process.
“There will be changes I hope that comes and can be recommended by this board,” Gordon said. “But I don’t think what we’re tying it to is necessarily come back to House Bill 125.”
What Do The New Rules Do?
The draft rules would only allow people with a concealed firearms permit to carry a weapon in the extension hallway area of the Capitol. This would exclude the main Capitol Rotunda and legislative chambers.
Jurisdiction is a bit of a complicated matter at the Capitol. It’s the Legislature’s Management Council that is technically in charge of other parts of the Capitol at certain times of the year, and the governor’s office when the Legislature is not in session.
As a result, the new rules do not extend to legislators, which some criticized during the public comment period of the meeting.
Rep. Sarah Penn, R-Fort Washakie, brought up an instance in the past when a mentally unstable woman broke into the House chamber.
“If that woman had a gun, we very well may have been dead,” Penn said.
A roadblock on that front is also Wyoming law 6-8-104(t), which states that no person with a concealed carry permit may carry a concealed firearm into any meeting of the Legislature or a committee.
The proposed rules are considered a first step in what could become a multi-step process to allow the public to bring their guns into the Capitol.
Most members of the commission, which includes Gordon, Gray, Superintendent of Public Instruction Megan Degenfelder, State Treasurer Curt Meier and State Auditor Kristi Racines, expressed an interest in expanding the rules in the future to the level of constitutional carry, which is the legal right to carry a handgun in public without a permit or license. HB 125 would have done that.
Office spaces within the Capitol and Capitol Extension, and other state facilities, are also excluded from the news rules, but multiple members of the commission expressed interest in extending the new firearms rights to these areas at a later time.
Support And Opposition
There was slightly more support issued for new concealed carry rules than opposition. Although many supporters indicated they thought the rules should go farther and be expansive, they also said they still view them as a step in the right direction.
“This is a move in the right direction as far as Wyoming showing support for the federal and state constitutions,” state Rep. Tony Locke, R-Casper, said.
For many, the issue came down to Second Amendment rights versus the possibility that people could feel intimidated from exhibiting free speech knowing someone opposing them at the Capitol could be armed.
Cheyenne attorney Larry Wolfe voiced strong opposition to the new rules.
He mentioned an instance when former farther right state legislator Allen Jaggi was forced to leave the building with his firearm.
“I have always felt safe in this building,” Wolfe said. “Never once did I feel I should be fearful, for one reason, because this building is protected by paid law enforcement officers, and it always has been.”
What’s Next?
The rules will go back out for public comment and will be considered again by the commission in one or two months.
Gray urged the board multiple times to get the rules passed before the end of 2024.
“I’m worried we’re not going to get this done in 2024 if we just keep vacillating, dithering and delaying,” he said.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
