Gov. Mark Gordon often holds public ceremonies to celebrate signing bills into law, but he had never, until Tuesday, held a public ceremony to veto a bill.
That’s what happened at the state Capitol on Tuesday when Gordon held an event to publicly veto a bill that would have allowed people to sue state law enforcement agencies for up to $50,000 if they enforce federal gun laws that contradict with Wyoming laws.
Gordon was joined by four law enforcement leaders, who all expressed concern that “Second Amendment Protection Act amendments” would prevent them from doing their jobs and from collaborating with federal law enforcement agencies and task forces to enforce federal laws.
“In Wyoming, we care hugely about our Second Amendment rights and do everything we can to protect them,” Gordon said. “But we also back the blue, and I think it’s particularly important that we allow law enforcement to do its job.”
A law addressing some of these matters already exists that Gordon signed into law in 2022, but Senate Enrolled Act 82 would have expanded it to include redress through civil litigation, in addition to the already-existing criminal penalty for public officers that knowingly enforce federal regulation of firearms that Wyoming believes infringes on Second Amendment rights. Gordon said the existing law has never been used.
Under SEA 82, local law enforcement could have been found both criminally and civilly liable if they removed a firearm from someone convicted of misdemeanor domestic violence under federal law, as no Wyoming misdemeanor law removes firearms for this charge.
The bill contained exceptions for state officers conducting a legitimate investigation into criminal activity and or assisting federal officers with a legitimate criminal investigation of their own.
Reasoning
Gordon doubts that any law enforcement officer in Wyoming doesn’t respect Second Amendment rights but expressed concern that SEA 82 would at least hinder them from doing their jobs, and at worst prevent them from doing so.
“I think this bill would at best hinder, and at worst prevent our local police department, sheriff’s office and Highway Patrol from participating in the federal task forces that address these very issues,” Gordon said.
Park County Sheriff Darrell Steward, speaking over Zoom, agreed and mentioned a few instances where his agency “relied heavily” on the FBI’s assistance to solve cases.
Gordon also argued that SEA 82 would negatively impact local officers from assisting in President Donald Trump’s goals of preventing human trafficking, shutting down cartels, and enforcing illegal immigration laws. Although he acknowledged the exceptions the bill contains, Gordon is concerned it still doesn’t cover all situations. With Trump in office, Gordon said Wyoming has time to study these issues longer.
He and Glenrock Police Chief Colter Felton also called out a part of the bill that would have blocked law enforcement agencies from hiring anyone who previously worked for a federal agency and enforced firearms laws that contradict Wyoming gun laws. This means that former members of the U.S. Marshals, FBI, CIA and even the military could get blocked from getting hired.
“I don’t think it’s a secret that many of us are struggling with hiring quality candidates, who are becoming harder and harder to come by,” Felton said. “As written, this bill would further hinder us from filling our ranks, which might make a problem worse.”
Response
Aaron Dorr, director of Second Amendment group Wyoming Gun Owners, said local law enforcement agencies shouldn’t want to hire these kinds of people anyway.
“Those are the types of officers we don’t want enforcing laws in Wyoming,” he said.
Dorr also said his members “were stabbed in the back” by the veto.
Mark Jones of the Second Amendment group Gun Owners of America said although “pro-Second Amendment people should be furious,” about the veto, their primary source of anger should be directed at Senate Vice President Tim Salazar, R-Riverton. Jones, who said he already expected the governor to veto the bill, said Salazar directed the House to delay hearing the bill for four critical days in late February, which delayed it reaching the governor’s desk. Because SEA 82 got to the governor within the last three days of the legislative session, it allowed him up to 15 days after the session to consider the bill and eliminated the possibility that the Legislature could override his veto.
“That right there is the real story,” Jones said.
But Jones also criticized the governor’s logic in vetoing the bill, saying it had been vetted through hours of committee hearings and discussion on the chamber floors.
“It only prevents infringement on Second Amendment rights,” Jones said. “And you can only take court action against the agency, not the individual officer.”
Wyoming Highway Patrol Lt. Colonel Karl Germaine said although he did believe legislators considered what he and other law enforcement officers had to say about the bill as it was moving through the legislative process, doesn’t believe all of their concerns were alleviated.
“The way the final bill was presented keeps us from keeping all Wyoming citizens safe,” he said.
Veto-Heavy
Gordon has now made nine vetoes this session, by far the most of any legislative session throughout his tenure. Of those vetoes, five were overridden by the Legislature.
As far as why he held a public hearing to discuss the veto, Gordon said “it seemed an important enough issue and one that people in Wyoming care deeply about that it accorded this special opportunity.”
Gordon let another controversial bill that bans gun free zones in Wyoming pass into law without his signature earlier this year after vetoing it last year.
When asked by Cowboy State Daily why he let that bill pass into law despite raising strong objections to it, but not SEA 82, Gordon said the vetoed legislation will stop law enforcement officers from doing their jobs. In contrast, he said around 60% of Wyoming school districts developed their own policies for banning gun free zones before the bill was passed into law this spring.
“It seemed that this bill to repeal gun free zones was going to continue to come up year after year after year, and so let’s get on with it,” he said.
In a joint statement issued on the last day of the session. Senate President Bo Biteman, R-Ranchester, and House Speaker Chip Neiman, R-Hulett, expressed a commitment to passing SEA 82 again if the governor vetoed it.
If Gordon runs for a third term, Dorr said his group will remember this veto.
“We look forward to that primary now that he’s vetoed two wildly popular pro-gun bills,” he said.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
