The Second Amendment Protection Act (SAPA) wants to protect gun owners from wide-reaching federal firearm confiscation.
I certainly agree, but the failure to cite federal law leaves Wyoming law enforcement to speculate throughout the day about whether they are complying with SAPA. I suggest another way that relieves our officers from adding more complexity to an already difficult job.
The 1994 Federal Assault Weapons Ban signaled to anti-gun legislators a window of opportunity to erode individual Second Amendment rights across the country. In 2004, the ten-year ban ended due to a sunset provision in the original legislation.
Sen. Dianne Feinstein (D-CA) led repeated attempts to revive the ban, all of which failed. Although legislation was failing in Congress, we were rightly concerned that the strategy to legislate by judicial decree might not.
Before 2008, as creeping legislation across state and local jurisdictions was carving away individual Second Amendment rights across the country, the Supreme Court said little; then came District of Columbia v. Heller. With this decision, the court make a remarkable shift, affirming individual Second Amendment rights.
This solidifying of the Second Amendment's applicability to law-abiding citizens continued with McDonald v. City of Chicago (2010), applying the Heller decision nationwide to state and local jurisdictions.
The Court continued to favor the individual right to bear arms, striking down bans on "non-lethal" devices in Caetano v. Massachusetts (2016) and, in New York State Rifle & Pistol Association, Inc. v. Bruen (2022), declaring concealed carry licenses unconstitutional.
The Court continued with Garland v. Cargill (2024) by limiting overreach regarding firearm accessories (bump stocks).
For twenty years, we've observed the Supreme Court decide in our favor regarding the Second Amendment. History doesn't guarantee the courts will always see the Bill of Rights as we do, but if we want to prepare for such a possibility, I believe we can do better than this.
SAPA specifically references federal law that currently doesn't exist. I can imagine federal legislation introduced to confiscate firearms in the manner described in this act. The truth is, I don't have to imagine; it exists.
The Freedom from Assault Weapons Act (H.R. 2959, 116th Congress, 2019–2020). Introduced by Rep. Eric Swalwell in 2019, the bill banned possession of semi-automatic weapons; required a mandatory buyback; and imposed criminal penalties for non-compliance.
SAPA is (or ought to be) directed at proposed federal legislation like this. Does federal legislation appear overnight? No, you see it coming.
If ever passed by Congress or implemented by Executive Order, this is when state legislators and the executive stand together and say, "This shall not pass," and assemble in special session.
We pass clear, concise legislation that prohibits all activities by Wyoming law enforcement to assist in the implementation of overt violations of our Second Amendment, such as the "Freedom from Assault Weapons Act".
The burden of not enforcing a federal law should be on our shoulders, not law enforcement and the jurisdictions they work under.
J.R. Riggins represents House District 59 in Casper.
