Gov. Mark Gordon called the most recent Second Amendment Protection Act (SAPA) to reach his desk “devastating” and an “embarrassment,” during a Friday appearance on the "Cowboy State Daily Show” with Jake Nichols.
He cast it as a blind mischaracterization of local law enforcement, and also said it’s part of a fundraising effort seeking to treat Wyoming people like “some well of funding.”
Senate File 101 is on Gordon’s desk after clearing the Legislature Friday.
All 23 sheriffs in Wyoming opposed the bill’s House version, House Bill 130, saying law enforcement officers could be swept into language and wrongfully penalized for performing their duties.
Gordon, who vetoed a similar bill last year, cast it as an affront to local law enforcement during the radio show.
“So, when you have 23 sheriffs come in and say, ‘This Second Amendment protection act does nothing more than what we already have in law, except it imposes penalties on our local law enforcement — and criminal charges, potentially.’ That is devastating,” Gordon said.
He continued: “It’s a bill that’s brought from out-of-state interests. It’s a fundraising thing. And I’m sick of Wyoming people being used as, you know, some treasure trough, some well of funding.”
About The Second Amendment
Gordon said people “throw out” an issue claiming the federal government is coming to work with local law enforcement and “they’re gonna take all your guns.”
“I don’t know of one sheriff in Wyoming who’s going to leave his badge on if they’re compelled to do that,” said Gordon. “That law is absolutely — it’s just awful.”
The final Senate vote on the House’s version of the bill garnered unique voter blocs for a gun-rights provision.
For example, both chambers' Democrats voted in the bill’s favor. So too did libertarian-leaning Republican Sen. Cale Case of Lander; another libertarian-leaning Republican Sen. Bob Ide, of Casper who often votes against Case; and traditional Republican Sens. Tara Nethercott (Cheyenne) and Charlie Scott (Casper).
Voting against the bill were multiple Republicans who spoke of their outright passion for and ownership of guns, but unwillingness to — as they cast it — betray local law enforcement.
Those voting against ranged from the more moderate Sens. Gary Crum, R-Lander, and Ogden Driskill, R-Devils Tower, to social conservative Republican Sens. Laura Pearson of Kemmerer and Larry Hicks of Baggs.
Rothfuss called the debate “interesting.”
“The reason it’s interesting is sometimes we kind of forget what the Second Amendment was actually put in for,” he said. “It was not put there so we can do what the federal government tells us to do.”
It was, rather, established to curb federal sovereign power, he added.
Rothfuss’ speech prompted gun-advocacy group Wyoming Gun Owners, which is helmed by political activist Aaron Dorr, to thank him on its Facebook page.
“Folks, you can believe us or not, but Democrat Senator Chris Rothfuss did as many as anyone to help pass SAPA on the concurrence vote tonight!” says the post. “His explanation of the bill and his understanding of the 2nd and 10th Amendment is unlike any Democrat we've ever seen.”
Rothfuss in response told Cowboy State Daily in a Friday text message: “If the federal government ever does come to take guns from the people of Wyoming, I want our local law enforcement to be standing with their backs to the people, serving and protecting.”
Inviting Federal Overreach
Sen John Kolb, R-Rock Springs, drew attention to the bill’s supporters.
“I would like the body to take note of the people that have risen in support of this — my good colleagues — and maybe ask why,” said Kolb. “I would … say there’s more to it than may be on the face of it.”
The sheriff of Kolb’s county, Sweetwater County Sheriff John Grossnickle, echoed that in a Friday interview with Cowboy State Daily.
Grossnickle refused to enforce state mask mandates during COVID. He announced during the Biden administration that he’d refuse to implement an early and broad-reaching version of a land use plan the U.S. Bureau of Land Management proposed.
To Grossnickle, the Second Amendment Protection Act doesn’t help him oppose a future tyrannical government, it impedes him.
“This (bill), in my eyes, allows the federal government to come into the state of Wyoming — in particular the ATF (Bureau of Alcohol, Tobacco and Firearms) — and do whatever they want without any oversight or any local control,” said Grossnickle.
He said that’s because his office has spent years forging good working relationships with federal entities, so that they consult it before undertaking operations in Sweetwater County.
“There’s been several times I’ve been like, ‘That’s not going to fly in my community. Let’s think of a different way of doing this.’ Or, ‘that’s not going to fly in Wyoming,’” said Grossnickle. “And historically, they listen to us.”
In his view, SAPA severs that tie so that local agencies are too afraid of its $50,000 civil penalty provision to work with federal agents to build that communication.
Like Gordon, Grossnickle cast the effort as a counterproductive mission by “the gun lobby.”
Wyoming Gun Owners did not respond by publication time to voicemail and email requests for comment.
Floor
Rothfuss was not alone Wednesday in impassioned support of the bill.
Senate President Bo Biteman said the bill, whose Senate version he sponsored, was an effort to “close up loopholes” in an earlier version of the same law. The current law supplies only a misdemeanor penalty for violators.
That meant the county attorney, who works alongside local law enforcement, would be the person deciding whether to prosecute an errant officer.
This year’s version adds a cause of action by which people can sue the law enforcement agency, Biteman noted.
He urged the Senate to consider, “if you were the one who had your guns seized unlawfully, unconstitutionally” by local law enforcement teaming up with federal agents.
“And the fact that we’re hearing wailing and gnashing of teeth over closing a loophole should say a lot,” he added.
Biteman also rebutted Kolb, regarding whether the bill has some alternate purpose.
“I do not question the motives of my Democrat colleagues who support civil liberties and the Constitution,” said Biteman. “And I’m proud to stand with them on civil liberties. This is a civil liberties bill. A good bill.”
As Written
Biteman concluded his speech by saying the bill had been mischaracterized.
“Read the bill,” he said.
As it sits Friday, the bill would broaden existing language in state law.
Wyoming agencies are currently barred from using any money originating in Wyoming to infringe, unconstitutionally, the free exercise of the Second Amendment to the U.S. Constitution.
Police officers who violate that face up to one year in jail and a fine of up to $2,000.
The bill sitting on Gordon’s desk would change that language so that no Wyoming agencies could use any money from any source to participate in any enforcement or attempt to enforce a federal gun law, “solely regarding firearms, accessories or ammunition against any law abiding citizen.”
In other words, local officers could not enforce the federal ban on domestic violence convicts having guns.
The bill carves out illegal aliens from its protections so that local officers could enforce federal gun laws against them.
In addition to potential misdemeanors for officers, it would impose a $50,000 civil penalty, per violation, on federal and state officers and would remove sovereign immunity for those agents.
It would bar all state and local law enforcement agencies from hiring any federal agent who has enforced federal gun laws, and fine them $50,000 for each agent.
Any “interested party” could bring a lawsuit against agencies that enforce or help enforce federal gun laws.
The bill has other carveouts to protect officers who help federal officers with pursuits linked to other states, involving people from out of state; to protect officers who help federal agents enforce drug crimes or weapons violations that are captured by Wyoming law.
It says it shouldn’t be read to prevent Wyoming from accepting federal help to enforce Wyoming laws, or to allow people to be sued in their individual capacities.
Clair McFarland can be reached at clair@cowboystatedaily.com.
