There aren’t very many lobbying groups working for the same purpose that have had a more adversarial relationship towards each other than Wyoming Gun Owners (WyGO) and Gun Owners of America (GOA).
On Tuesday, the lobbyist groups appeared to mostly put their years-long duel on hold, with both supporting Senate File 196, a bill that aims to protect Wyoming residents from federal firearm orders and laws.
The bill contains exceptions for state officers conducting a legitimate investigation into criminal activity and or assisting federal officers with a legitimate criminal investigation of their own.
The core purpose of the bill is to prepare Wyoming for a future presidential administration taking over and supporting much stricter gun control than what currently exists in federal law. SF 196 continues to prohibit state law enforcement officers from regulating federal gun laws that contradict with Wyoming laws but adds a new wrinkle by adding an avenue for civil litigation against law enforcement agencies.
“It’s a protection against federal overreach,” said Aaron Dorr, president of WyGO.
What Are They Fighting Over?
The duel mostly revolves around the Second Amendment Protection Act (SAPA), a bill passed into law in 2022. GOA supported this bill, which established a criminal penalty against public officers who knowingly enforce federal regulation of firearms that Wyoming believes infringes on Second Amendment rights.
Competing bills supported by WyGO didn’t pass into law in 2022, leading members of the group to criticize SAPA as a fake bill and “nothing burger.” Dorr criticized the current law on Tuesday for not defining what unconstitutional gun enforcement means.
“The results were very clear, gun owners were unhappy with them gutting and making it a meaningless law,” Dorr said.
GOA has consistently bristled at these accusations since that time, with Mark Jones, a national director with Gun Owners of America, describing Wyoming’s current SAPA law as offering the stiffest criminal penalties in the country for infringing Second Amendment rights.
But on Tuesday, the groups seemed to find common ground on making amendments to the SAPA law with SF 196, a new bill representatives from both groups lobbied for on Tuesday before the Senate Agriculture Committee, which advanced the legislation unanimously.
The bill prohibits any state officers from enforcing on their own any federal law or order solely regarding firearms, accessories or ammunition against any law-abiding citizen.
Jones was particularly happy that the criminal penalties from the original SAPA bill were added to the new version of the bill on Tuesday. The original version of the bill did not contain these, a move Jones described as political and made his group “livid.”
“You can’t repeal the nation’s strongest criminal penalty for officials who infringe on our rights and call that a Second Amendment friendly bill,” he said to the committee.
“GOA helped establish those penalties in 2022, and our members and supporters sent thousands of emails to the Legislature asking that SF 196 be changed to protect those,” Jones added to Cowboy State Daily after the committee’s discussion.
Aaron Dorr with Wyoming Gun Owners testifies about Senate File 196, which would have prohibited state agencies from enforcing federal gun laws that clash with Wyoming's. (Matt Idler for Cowboy State Daily) 
Former state senator Anthony Bouchard of Cheyenne testifies about Senate File 196, which would have prohibited state agencies from enforcing federal gun laws that clash with Wyoming's. (Matt Idler for Cowboy State Daily) 
Capt. David Janes of the Cheyenne Police Department testifies about Senate File 196, which would have prohibited state agencies from enforcing federal gun laws that clash with Wyoming's. (Matt Idler for Cowboy State Daily)
'A Very Slippery Slope'
Former state legislator Anthony Bouchard dismissed the significance of these additions when speaking to Cowboy State Daily, saying the criminal penalties, carrying up to 1 year in prison and $2,000 in fines, aren’t going to stop anyone from breaking SF 196.
“That’s not going to stop anyone,” he said. “The civil penalty is the only real way to take action against someone.”
The bill sponsor, Sen. Tim Salazar, R-Riverton, agreed, saying local officers won’t be motivated to file any charges against their own department.
Nothing in the new bill limits or restricts Wyoming public officers from providing assistance to federal authorities in carrying out their investigation. It also does nothing to prohibit Wyoming governmental entities from accepting federal assistance or funds for law enforcement.
The bill also allows people to take civil action against any agency of the state, political subdivision or law enforcement agency that employs any public officer or peace officer with a $50,000 penalty for each member of their staff that violates the proposed law. The clause is something WyGo wanted.
An amendment was added to the bill on Tuesday, clarifying that no individual law enforcement individuals can be sued as a result of the legislation, a major sticking point for some of these members who testified against the bill.
David Janes, a captain with the Cheyenne Police Department, spoke against the bill on Tuesday, calling the bill “a chip away at qualified immunity.”
Janes said the bill will cause law enforcement agencies to spend massive amounts of money defending officers and agencies in frivolous lawsuits and cause law enforcement officers to second guess their own decisions.
“This is a very slippery slope,” he said. “Officers deserve to make decisive decisions without the benefit of 20/20 hindsight.”
Janes also said officers are already criminally liable if they violate Second Amendment rights.
Jones said although many Wyoming residents may trust their local sheriff, that doesn’t mean there won’t be a new sheriff in town someday that’s less friendly to their Second Amendment rights. He said he knows of multiple Wyoming residents who have had their Second Amendment rights violated in the last 18 months in egregious ways.
“For years, GOA has also advocated for citizens to be able to take civil action in court against agencies and departments who infringe on their rights,” Jones said. “Now, that SF 196 has been amended, we are happy to continue working with the Legislature to develop the best combination of criminal and civil laws to protect citizens’ rights.”
Still Firing At Each Other
Despite the gun groups finding some agreement on Tuesday, it didn’t stop them from still taking some shots against each other in testimony and when talking to Cowboy State Daily after the bill passed.
Jones said during testimony that he was the only one in the committee room to have worked with law enforcement officers on multiple occasions on this bill.
“Sat down and tried to figure out a way that we could develop this process,” he said.
Jones ran for the state Legislature last year, finishing second in the Republican primary to Rep. Marilyn Connolly, R-Buffalo. Although WyGO didn’t officially endorse any candidates in that race, the organization made it clear it didn’t support Jones’ Second Amendment stances.
“We believe the voters made their thoughts clear about Second Amendment rights in that election,” Dorr said.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
