• State leaders voted to proceed with plans to allow most people to conceal carry in public areas of the Capitol and extension. That’s after 87% of online comments opposed allowing permitted-only concealed carry.

By Madelyn Beck, WyoFile.com

Wyoming’s five top elected officials have advanced plans to allow the public to carry concealed firearms in many areas of the Capitol and attached facilities — either with a permit or, in some cases, without. 

The State Building Commission — a panel composed of the governor, auditor, secretary of state, treasurer and schools superintendent — still faces a long process before finalizing any changes, including a 45-day comment period.

A majority of respondents to an online survey conducted by the body disagreed with earlier proposed changes. 

Constitutional carry

The commission made a few key decisions Wednesday, including changing their proposed rule to include “constitutional” concealed carry — the carrying of firearms permitted by the Second Amendment and no other licensure — to the list of lawful activities. The previous proposal only allowed patrons with concealed carry permits to bring their guns into the Capitol. 

“The Second Amendment is exceptionally clear- the right to bear arms ‘shall not be infringed,’ and this includes our People’s House,” Superintendent Megan Degenfelder said in a press release Wednesday. “I am proud of the amendment Auditor [Kristi] Racines and I brought to the SBC.”

The change specifically defines “constitutional carry”  as carrying a concealed firearm “in a manner conforming with the provisions of W.S. § 6-8-104(a)(iv).”

That statute would allow anyone to carry except for: those who are younger than 21, those who have been committed to a psychiatric institution, those who’ve been to a state or federal treatment center for substance abuse in the last year, and those who “suffer from a physical infirmity which prevents the safe handling of a firearm,” among others. 

The group also voted to advance their concealed carry plans into a “formal” rulemaking process, which includes a 45-day comment period. Those who already responded to the online poll will have to resubmit their thoughts about this specific proposed rule to have their formal comment considered. 

The rule, as it was advanced Wednesday, would allow individuals who were lawfully carrying concealed firearms to do so in public areas of the Capitol and extension. It would also allow security to request proof of residency, age, or of a concealed carry permit.

“The Security Personnel are further authorized to request that any persons carrying a dangerous weapon, including concealed firearms … in the Capitol Building or Capitol Extension relinquish the weapon for failure to comply with applicable law or regulation, or unsafe behavior,” the proposal states. “The weapon shall be returned to the person when he or she leaves the public building, unless Security Personnel have probable cause to detain either the person or the weapon.”

The proposal adds that anyone refusing to hand over their weapon to security when requested can be denied access to the building. It also says “A person who carries a concealed firearm is solely responsible for any injury or property damage involving the firearm.”

This wouldn’t mean all of the Capitol would allow concealed firearms all the time, though. Much of the building is controlled by the Legislature during the legislative session, which means this executive branch group can’t dictate rule changes there a few months out of the year. The Legislature and its administrative arm, the Management Council, would have to adopt their own rule changes to cover those areas. 

The public will be able to submit comments via the secretary of state’s website when a final rule packet makes its way to the governor’s office and is approved. That hadn’t happened as of Friday afternoon. 

Secretary of State Chuck Gray lamented the slow process during Wednesday’s meeting. He also pushed to include other facilities like the Herschler Building in the rule. His motion to make that change died, however, after no one else on the commission supported it. Other members had argued earlier that, given the numerous procedural challenges, a narrow focus was the best way forward for this particular rule change. 

Online surveys

Prior to a modestly attended meeting in August, the State Building Commission opened an online survey for people to share their thoughts on allowing concealed carry of firearms at the Capitol and extension.

The results, shared as part of Wednesday’s meeting materials, showed that 87% of the 138 tallied respondents opposed allowing guns in the People’s House while 13% supported it. Notably, some who said they were opposed to the rule change felt it didn’t go far enough, and some who supported it felt there should be changes to the language.

Arguments in favor of the change touted increased safety and the preservation of Second Amendment rights. Opponents largely argued that the presence of firearms would make tense public discussions over polarizing issues more dangerous.

WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.