Clarifying terms such as “law-abiding citizen” in a controversial gun rights bill could help protect law enforcement agencies from being potentially sued by murderers, officers told members of a Wyoming Senate Committee on Wednesday.
The Senate Revenue Committee then forwarded House Bill 130, the Second Amendment Protection Act, to the Senate floor.
A mirror bill, Senate File 101 was passed by the Senate and sent to the House, where it was referred to the Appropriations Committee.
The bills would forbid Wyoming law enforcement officers or agencies cooperating with any federal operations in the state that would violate people's Second Amendment Rights, such as a federal task force sent to seize firearms, ammunition or firearms accessories.
The Revenue Committee included some amendments recommended by some of Wyoming’s top law enforcement brass.
Shoot Somebody In Front Of A Cop?
During discussion before the committee, Alan Thompson, executive director of the Wyoming Association of Sheriffs and Chiefs of Police, said the vague definition of terms like “law-abiding citizen” in the bill could lead to unintended consequences.
That’s because the bill forbids the seizure of a law-abiding citizen’s firearms, without any additional clarification, he said.
Suspects "could have committed that murder directly in front of an officer, and under that definition, they are still a ‘law-abiding citizen’ because they have not been convicted of the crime,” Thompson told the committee.
Committee member Sen. Troy McKeown, R-Gillette, said that sounded far-fetched.
“I’m a police officer,” he said hypothetically, "and I watch a guy pull a gun out and murder somebody right in front of me, you think this bill protects somebody who shot somebody? That state law doesn’t allow for that officer to take the gun away and arrest him?”
Thompson said the vague language in the bill might not prevent the officer from taking immediate action.
It could, however, open the officer’s department up for a lawsuit, if the suspect/defendant claimed that, “I was a law-abiding citizen, and they took my gun,” he said.
“Those are the types of things that people sitting in jail cells have lots of time to write out lawsuits with a pen and paper and file them,” he said.
“People can file lawsuits on this just looking for that $50,000 payday,” he added.
‘Added Protection For Us’
HB 130’s main sponsor, Rep. Rep. Robert Wharff, R-Evanston, told the committee that Wyoming should be proactive about protecting gun rights from possible federal overreach.
“Who determines constitutionality?” he said.
For example, a future U.S. Supreme Court could issue an order for gun seizures, he said.
“The problem is, once your guns are seized, it becomes a black hole,” and even people who can prove their firearms were unjustly taken might not get them back, he said.
“I do honestly believe that our law enforcement people are not here to violate our constitutional rights,” Wharff added. "But I can tell you that we’ve seen this happen in other countries, and I think this is just added protection for us."
HB 130 included provisions that would not prohibit Wyoming law enforcement officers from cooperating with operations, such as federally-led drug raids, or from taking guns away from violent offenders who break Wyoming statutes, he said.
Cops’ Concerns Remain
Thompson and other law enforcement officials who packed the room and testified against the bill reiterated concerns aired in previous hearings regarding HB 130 and SF 101.
The bills could put a chilling effect on Wyoming law enforcement cooperation with federal agencies on drug cases, immigration enforcement and the like, they said.
Concern was voiced over criminal acts such as “straw purchases.” That means, somebody who can pass a background check buying a firearm, only to pass it along to a convicted felon or members of criminal gangs.
Enforcement of federal gun laws helps Wyoming officers catch numerous criminals, Wyoming Highway Patrol Lt. Col. Karl Germain told the committee.
“Federal data shows that 45-50 Wyoming residents are prosecuted annually for federal gun crimes, often involving violent offenders, straw purchasers or cartel-linked trafficking,” he said.
Mark Heinz can be reached at mark@cowboystatedaily.com.
