By Hannah Shields

Wyoming Tribune Eagle

Via Wyoming News Exchange

CHEYENNE — Members of the public may soon be allowed to concealed carry firearms within the Wyoming Capitol and its underground extension after the state’s top five elected officials unanimously passed a set of rules governing a new policy Wednesday morning.

Firearms are currently prohibited in the state Capitol, but Gov. Mark Gordon promised, after vetoing a 2024 bill that would have lifted all gun-free zones statewide, to consider lifting gun-free zones in state-owned buildings operated through the executive branch.

The State Building Commission — composed of Gordon and the state’s four other top elected officials — launched a working group to study the possibility of allowing firearms within the underground corridor between the Capitol and Herschler Building, formally known as the Capitol Extension.

A set of rules drafted by the State Construction Department that would allow concealed carry by members of the public within the Capitol complex was proposed during a special SBC meeting in early August. Public comment taken during that meeting revealed a mix of Wyomingites arguing either for or against allowing firearms within the state Capitol.

Those who were against the rules change argued the presence of firearms could intimidate people and keep them from testifying during legislative meetings. Those in favor of the rules argued it was their Second Amendment right to protect themselves from potential harm.

After that meeting, a new set of rules was proposed during the SBC’s October meeting, with two major changes to the original draft.

One change altered language so that state employees could also carry firearms in the Capitol complex, and another change opened up the rules to include constitutional carry, as long as they meet certain outlined requirements under Wyoming statute.

However, these rules only apply to the public area of the Capitol and its underground corridor. Firearms are still prohibited from rooms where government meetings are held, including the rooms along the corridor and the Capitol Complex Auditorium.

This new set of rules was adopted by the SBC on Wednesday and could go into effect as soon as 40 days, according to state officials. The rules will now be submitted to the Legislative Service Office for review, before they can be signed into place. 

However, these rules could go into effect sooner, should legislative leadership choose to meet and offer their approval within this time frame. But with the legislative session starting on Tuesday, this is typically a chaotic time for both lawmakers and LSO staff. “

Who can carry and where

State statute W.S. 6-8-104(a) (iv) is referenced under the new firearms policy, regarding constitutional carry. According to Wyoming statute, a person may concealed carry as long as they meet the following criteria:

. Are a U.S. resident

. are at least 21 years old

. have no recent history of alcohol abuse

. are not currently adjudicated to be legally incompetent

. have not been committed to a mental institution.

State employees and concealed carry permit holders are also allowed to concealed

carry under the new rules. 

However, no state employee or member of the public is allowed to bring a firearm into any room where a governmental meeting is being held, including the Capitol Complex Auditorium.

Firearms are also prohibited in the Herschler Building under the new rule.

Each person who carries is liable for any injury or damage caused from carrying a firearm, according to the new rules. 

Capitol security personnel are authorized “to request that any persons carrying a dangerous weapon, including concealed firearms carried pursuant to permitted carry or constitutional carry, in the Capitol Building or Capitol Extension relinquish the weapon for failure to comply with applicable law or regulation, or unsafe behavior.”

The weapon may be returned to the person upon leaving the building, unless the security officer has probable cause for detaining the person or the weapon. Should a person refuse to relinquish his weapon, security personnel shall deny that person from entering the building, according to the new rules.

Public opposition

An informal online survey through the State Construction Department last fall revealed overwhelming public opposition to the rules change. The survey received more than 130 public comments, 87% of which were against it.

Several people, some of whom were gun owners, said they would feel unsafe in the building, considering many heated discussions are prone to take place over controversial pieces of legislation.

“Throughout decades of doing business in the Capitol building and working with the Wyoming Legislature, I always felt safe because guns were not allowed and armed security was in the building,” read one comment. “If guns are allowed, I will hesitate to come into a building that I no longer consider to be safe.”

Another formal public survey was posted on the department’s website from Oct. 31 through Dec. 16. SBC Secretary Suzanne Norton, who also works for the State Construction Department, said the second survey received a total of 56 public comments, with 36 opposing the new rules.

Twenty public comments were in favor of the new firearm policy, 14 of which stated that the rules “didn’t go far enough,” Norton said.

“However, in response to the public comments, the commission is beginning the process of considering rule changes for all other executive office spaces,” Norton said.

Other state buildings

State Superintendent of Public Instruction Megan Degenfelder said the working group is currently partnering with the Attorney General’s office to extend similar firearm policies in other executive buildings, including the Herschler Building.

“They are currently drafting rules to bring to us that cover those additional buildings,” Degenfelder said. “And so a little bit of a nuance there of the fact that we don’t have rules in place yet. Those need to be drafted from scratch regarding the other office building.”

The working group’s biggest hurdle is overturning former Gov. Jim Geringer’s 2001 executive order on workplace violence, which can either be done through a repeal or legislative override. That policy currently prohibits all executive branch employees and officials from carrying deadly weapons around or in any state buildings.

Secretary of State Chuck Gray, who has long criticized the commission’s delay in lifting gun-free zones in the Capitol and other state-owned buildings, rehashed his argument that “rules supersede EOs (executive orders).”

“That’s a basic understanding of law,” Gray said. “If it’s allowed in the rule, it’s clearly allowed.”

Assistant Attorney General Tabetha Wolf told commission members rules can supersede executive orders “if they’re in direct conflict.”

“The intent with the drafting here was not to supersede that executive order,” Wolf said. “At this time, that’s worked through the personnel rules appropriately, at least was my understanding.”

Personnel policies, which are terms of employment, are different from rules applied to the conditional use of the building. These rules are generally limited to the public areas of the Capitol and its underground corridor, in this case, Wolf said.

Another obstacle is making sure that personnel policy for the use of firearms in state employees is uniform across the board. Wolf said the commission has some authority to pass rules that impact personnel through its ability to regulate facilities.

However, there are other state entities that “manage and regulate employees more specifically,” Wolf said. Such facilities include correctional facilities, mental institutions and the Wyoming Highway Patrol. 

State Treasurer Curt Meier said revisions to firearm policies in different state agencies should include considerable input from the heads of those agencies.

“We have to be more cognizant of what the public is capable of, especially in that assassination of a health CEO,” Meier said.

It was agreed by commission members to bring in state agency input as they work on drafting a second set of rules regarding state personnel. Degenfelder proposed holding a special SBC meeting to discuss this second draft of rules, which will be proposed by the AG’s office.