The Wyoming Senate tried and failed Wednesday to override Gov. Mark Gordon’s veto of a bill called the “Second Amendment Protection Act” — a bill the state’s law enforcement called messy and overreaching, and the gun lobby called proper and vital.
Senate File 101 would have expanded existing Wyoming law, which already imposes a misdemeanor for state police officers who violate people’s Second Amendment rights by enforcing unconstitutional federal gun laws.
The new language in the bill, which Gordon vetoed Tuesday, would have added a $50,000 civil penalty to Wyoming agencies that help with or execute operations “solely” hinged on federal gun laws — or that hire federal agents who performed such operations.
The ban says it only protects otherwise “law abiding” citizens from federal gun grabs, and carves out illegal immigrants, drug crimes and cross-state chases from its protections.
All 23 Wyoming sheriffs opposed it, saying state officers could be caught in the bill’s broad language and altogether deterred from working with federal agents, even where needed.
Sweetwater County Sheriff John Grossnickle elaborated, telling Cowboy State Daily on Friday that the bill could erode the ties he’s worked for years to cultivate with federal agents, and which have enabled him to deter federal agents from operations that aren’t appropriate in his community.
Proponents have countered, saying the whole point of the Second Amendment is that it curbs federal overreach into local and individual sovereignty, and that this bill recognizes that.
No Debate
Sen. Bob Ide, R-Casper, moved Wednesday for an override vote to rescue the bill.
The Senate, which had caucused before that floor session, voiced no debate on the motion.
Then 12 senators voted in favor of the override, 18 against it, with one — Sen. Ogden Driskill, R-Devils Tower — marked excused.
Driskill’s prior comments and votes on the bill indicate he may have opposed the override as well.
The chamber needed a two-thirds majority to win the override, so it was nine votes short.
Because that vote failed, the House will not hear the override motion.
Roll Call
Votes for the override included Republican Sens. Cale Case (Lander), Tim French (Ralston), Dan Laursen (Powell), Troy McKeown (Gillette), Laura Pearson (Kemmerer), Tim Salazar (Riverton), Charlie Scott (Casper), Cheri Steinmetz (Torrington) and the bill’s sponsor, Senate President Bo Biteman (Sheridan).
Also voting in favor of the override were the chamber’s two and only Democrats, Sens. Chris Rothfuss (Laramie) and Mike Gierau (Jackson).
It was an unusual grouping of ayes, joining the libertarian-leaning Case with the social-conservative lawmakers Pearson and Steinmetz, ardent gun rights advocates like Biteman, Ide and McKeown, and the two Democrats.
Voting against the override were all the remaining Republicans except the absent Driskill, many of whom touted their own love of the Second Amendment during debate but also called the bill an improper way to defend it.
The no-votes were: Republican Sens. Jim Anderson (Casper), Eric Barlow (Gillette), Brian Boner (Douglas), Evie Brennan (Casper), Ed Cooper (Ten Sleep), Barry Crago (Buffalo), Gary Crum (Laramie), Dan Dockstader (Afton), Larry Hicks (Baggs), Lynn Hutchings (Cheyenne), Stacey Jones (Rock Springs), John Kolb (Rock Springs), Bill Landen (Casper), Taft Love (Cheyenne), Tara Nethercott (Cheyenne), Jared Olsen (Cheyenne), Stephan Pappas (Cheyenne), and Wendy Schuler (Evanston).
This split is a departure from the much more overwhelming favor the Senate version of this bill enjoyed on its third reading in the upper chamber, with a 26-5 passage vote.
The House had passed it on a 40-21 vote with one lawmaker excused, making it uncertain whether the House could have mustered the two-thirds override even had the Senate done so.
Two-thirds of the House is 42 votes.
Clair McFarland can be reached at clair@cowboystatedaily.com.
