By Joseph Beaudet
The Sheridan Press
Via- Wyoming News Exchange
SHERIDAN — A bill to further enhance Second Amendment protections in Wyoming hit the House floor for consideration Friday.
Senate File 109— the Prohibit Red Flag Gun Seizure Act — is sponsored by Sen. Bo Biteman, R-Ranchester. The bill would prohibit red flag gun laws from being enforced or implemented in Wyoming. Rep. Mark Jennings, R-Sheridan, ran a similar bill in the House during this session, but it ultimately was not considered for introduction in the first week.
Red flag laws — according to nonprofit organization Everytown for Gun Safety — could allow a loved one or family member to petition a court to temporarily prevent someone from having access to a gun.
SF109 includes legislative findings that indicate a red flag gun seizure would violate a Wyomingite’s constitutional rights related to due process — procedures a government must follow before an individual has life, liberty or property rights stripped.
“This is a bill that is an effort to protect Wyoming’s Second Amendment rights and make sure that due process is followed before a Wyoming citizen has their guns taken away,” Rep. Ben Hornok, R-Cheyenne, said.
The bill includes provisions to repeal a portion of a bill passed by the Legislature during the 2023 general session that helped restore gun and voting rights for felons in Wyoming. Specifically, the bill would repeal punishments for non-violent felons in possession of a firearm, which also allowed the person to be tried in a state court, rather than federal court.
The repealing portion of the bill sparked some concern on the House floor.
“Without that, these (cases) will all go to the federal government, and all these cases will be prosecuted under federal law. I don’t know that that’s a really positive thing,” Rep. Art Washut, R-Casper, said.
Rep. Mike Yin, D-Jackson, urged the body to consider an amendment during the final week of the session to remove the repealing provisions from the bill.
Biteman’s bill is one of four gun bills up for consideration and passage during the final scheduled week of the 2024 budget session. Sheridan County’s House delegates previously told The Sheridan Press they expect extensive debate over each of the bills.
A bill from Rep. Jeremy Haroldson, R-Wheatland, would repeal most gun-free zones in Wyoming and is set for a hearing in the Senate Judiciary Committee Monday morning.
Another from Sen. Dan Laursen, R-Powell, would prevent merchant category codes — a four-digit number used by credit card companies to classify businesses by the goods or services they sell — for firearms in Wyoming is set for a hearing in the House Judiciary Committee Monday morning.
The 2024 budget session is scheduled to end March 8.
The Wyoming Legislature is allotted 60 meeting days over a two-year period; the bodies met for 37 days during the 2023 general session in the first year, meaning they could add three days to the end of the current budget session if necessary, without having to go into a special session.
