At some point in the near future, Wyoming residents will be able to conceal carry firearms in some areas of the state Capitol.
The State Building Commission, which is made up of the five top Wyoming elected officials, including Gov. Mark Gordon, gave unanimous final approval to new rules that would allow concealed carry of firearms in certain parts of the Wyoming Capitol complex without a concealed carry permit. People now are not allowed to conceal carry firearms in any part of the Capitol.
Why Not Everywhere?
The new rule would apply to the Capitol building and Extension hallway, but not the rooms within this hallway that host many legislative committee meetings. Those rooms, other parts of the Capitol and the two chambers of the Wyoming Legislature are under the purview of the legislative body, so the rule passed on Wednesday would not apply to any of those areas.
In short, state lawmakers wouldn’t be able to conceal carry firearms at will under the new rules while conducting their legislative duties at the Capitol.
That allowance would be granted in a bill that state Rep. Jeremy Haroldson, R-Wheatland, is bringing back this year that would ban all gun-free zones in Wyoming, and supersede the rules passed by the Building Commission if passed into law. Gordon vetoed this same bill last year.
Most state employees who work at the Capitol Complex wouldn’t be able to take advantage of the new rules either as they wouldn’t apply to the Herschler Building, which includes offices for the Secretary of State, the departments of education, health and revenue, state treasurer and state auditor’s offices.
The Attorney General’s office is currently drafting separate rules to cover these buildings and all other state buildings to avoid piecemeal exceptions that only cover the public but not state employees, an effort Superintendent of Public Instruction Megan Degenfelder and State Auditor Kristi Racines support. For instance, the public likely won’t ever be allowed to carry firearms into a state correctional facility or mental institution but theoretically could be allowed to bring them into an agriculture extension office.
“Those (other rules) need to be drafted from scratch regarding the other office buildings,” Degenfelder said.
Former Gov. Jim Geringer signed an executive order in 2001 prohibiting executive branch employees and officials from carrying deadly weapons on state premises.
Secretary of State Chuck Gray said he rejects this argument, stating his personal belief that state rules supersede executive orders. Also, as governor, Gordon could theoretically rescind Geringer’s order.
Tabetha Wolf, an attorney with the state, agreed with Gray, but clarified that the Building Commission doesn’t usually make personnel policies for the state’s employees. She said the purpose of the proposed rules is to work with what’s already on the books.
Gray brought an amendment during the meeting that would have expanded the conceal carry rules to all buildings at the Capitol, but it failed to receive support from any other Commission members.
He believes any gun-free zone is a “soft target” and that a potential shooter isn’t going to check with the state’s rules beforehand before deciding to cause harm.
“If they see we are carrying at all places at all times, that’s what is going to deter the criminal activity,” Gray said. “The answer is for us to exercise our constitutional rights. Period.”
After a 45-day public comment period on the new rules, only 56 people responded, with 36 respondents expressing opposition. Of the 20 who expressed, 14 said the new rules don’t go far enough to support Second Amendment rights.
When Does It Start?
It’s unclear when the new rule will go into effect, but staff for the commission said it could happen soon during the upcoming legislative session, which begins Tuesday.
However, staff informed the commission that Gordon’s veto might make delaying implementation of the new rules wise in the short term because of the current laws that could create confusion for members of the public.
In a Wednesday press release, Gray leapt on this point and stated the new rules were hindered by Gordon’s veto, which he described as “troubling.” Gray also made this point during the meeting.
During the meeting, Gordon responded and thanked Gray “for that wonderful piece of information.”
In his veto letter, Gordon said the Legislature superseded its authority by trying to invoke a gun ban in areas of the Capitol it didn’t have jurisdiction over.
Gray called on state lawmakers to support Haroldson’s bill to ban gun-free zones.
“What really needs to happen here is consistent action and not this sort of dither and delay approach,” Gray said. “I think it’s really important we highlight these areas of inconsistency when we’re trying to move the ball forward and there’s a veto and some other excuse made, or a parallel effort that can’t move forward because the earlier effort didn’t go through.”
Degenfelder responded that if she could snap her fingers and eliminate all gun-free zones by the next day she would.
“We’re trying to work through the complexities and get this done and get this done right,” she said. “Instead of making a blanket statement, trying to snap your fingers and get this done, we want to make sure it’s right for our state employees, for our agencies.”
Attorneys with the Legislative Service Office will now review the rules, and it will then fall to the Legislature’s Management Council to accept or reject them within 40 days. The rules are then sent to the governor for final approval.
If the Management Council doesn't act on the rules within that 40-day timespan, staff for the Commission said the rules would automatically go to the governor for his approval.
Long-Term Picture
Ultimately, if Haroldson’s bill passes into law in the upcoming session, it will make the new rules a moot point, as it will eliminate all gun-free zones, including areas where governmental meetings are occurring.
“The reality is, my bill would open a lot more options,” Haroldson said. “The rules are very prescriptive and not very liberating for citizens.”
His bill would cover all areas of Wyoming, but require people carrying firearms at the Capitol to have a permit for this concealed use.
Haroldson said he believes only a small percentage of lawmakers would take advantage of this new right.
“When you’re concealed carrying, it takes a lot of diligence and a lot for you to change your wardrobe,” Haroldson said.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
