Government

Here’s How Wyoming Lawmakers Are Trying to Beat Obama Admin. to the Punch on Possible Gun Ban

Wyoming Lawmakers Propose Law to Protect Gun Owners From Federal Gun Ban

File-In this Thursday, July 26, 2012 file photo an AR-15 style rifle is displayed at the Firing-Line indoor range and gun shop, in Aurora, Colo. Similar weapons have been used in at least four high-profile shootings in the past year, including most recently the Connecticut school shootings and the Christmas Eve killings of two New York firefighters. Credit: AP

A number of Wyoming lawmakers are proposing legislation intended to protect gun owners from any future federal ban on semi-automatic rifles or high capacity magazines, KTWO reports.

Introduced last week, the “Firearms Protection Act” would make any federal law banning semi-automatic rifles or limiting magazine capacity unenforceable in Wyoming.

In fact, under the proposed bill, anyone who tried to enforce a federal gun ban could be charged with a felony. The Wyoming Attorney General’s office would also be permitted to defend any state resident against a federal gun ban.

“An act relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming; proving a penalty; and providing for an effective date,” the bill states.

“Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony,” the proposed legislation adds.

Per the Washington Examiner’s Charlie Spiering:

One of the bill’s co-sponsors, Wyoming State Senator Larry Hicks, told The Washington Examiner that this type of legislation sends a message to the federal government in Washington D.C.

β€œIt says that your one size fits all solution doesn’t comport to what a vast majority of the state believes,” Hicks explained in an interview.

Citing the Tenth and the Second Amendments, Hicks asserted that the legislation was Constitutional, adding that he fully expected it to pass in the Wyoming state legislature. Hicks said that his Wyoming constituents were upset about the looming threat of gun control coming from Washington, particularly since Vice President Biden signaled yesterday that President Obama was willing to issue an executive order to tackle the gun issue.

[...]

Hicks explained that the model of the bill was taken from a bill passed in the State of Montana in 2009 adding that it wasn’t much different from what he’d seen other states do.

Whether or not such a law would actually be effective is a topic that will likely be debated. However, the so-called “Supremacy Clause” in the U.S. Constitution says federal law overrules state law when the two conflict. Still, as we’ve seen in states that have recently legalized marijuana, like Colorado and Washington, the feds don’t always immediately exert their power over a state’s sovereignty.

Read the entire Firearms Protection Act here.

 

Featured image via Getty

(H/T: Drudge)

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

Comments (336)

  • PMSteve
    Posted on January 11, 2013 at 1:05pm

    I foresee many laws like this springing up in the western states. Whether they can be enforced against the federal government is another question concerning the Supremacy Clause of the Constitution and the question of State’s Rights.

    If it holds, I’d consider moving to Wyoming or Montana.

    http://www.guideforgeezers.blogspot.com

    Report this comment

    PMSteve  
  • OKSpeedDemon
    Posted on January 11, 2013 at 1:05pm

    As long as you are not a felon, can pass a background check with the FBI, and you live in a free state, then you can own a Machine Gun.

    In 1995 there were over 240,000 machine guns registered with the ATF. About half are owned by civilians and the other half by police departments and other governmental agencies.

    Since 1934, there appear to have been at least two homicides committed with legally owned automatic weapons. One was a murder committed by a law enforcement officer. On September 15th, 1988, a 13-year veteran of the Dayton, Ohio police department, Patrolman Roger Waller, then 32, used his fully automatic MAC-11 .380 caliber submachine gun to kill a police informant, 52-year-old Lawrence Hileman. Patrolman Waller pleaded guilty in 1990, and he and an accomplice were sentenced to 18 years in prison. The 1986 ‘ban’ on sales of new machine guns does not apply to purchases by law enforcement or government agencies.

    Report this comment

    OKSpeedDemon  
  • JEANNIEMAC
    Posted on January 11, 2013 at 12:43pm

    http://www.fieldandstream.com/forums/hunting/dick-act-1902-cant-be-repealed-gun-control-forbidden-protection-against-tyrannical-go
    This is a 1902 law forbidding any gun control laws, and it can’t be repealed. The gun control people didn’t do their homework.

    Report this comment

    JEANNIEMAC  
  • pduffy
    Posted on January 11, 2013 at 12:25pm

    They won’t go through with it for the same reason Jan Brewer vetoed the ‘birther bill’ in Arizona. The ‘fed’s will threaten a loss of federal funds, and the money machine in Washington DC controls everything. They will cave to the financial pressure, and this bill will go nowhere. it’s all political theatre to convince the sheeple that the state legislators ‘care’ about their freedoms.

    Report this comment

    pduffy  
  • 338_LM
    Posted on January 11, 2013 at 11:53am

    I’ve lived in WY since 1989, coming from a morally-bankrupt Big East Coast City. (Thanks to my father, who encouraged it in more ways than one. Back then, he said, “Son, I have found a family refuge inside USA; it will likely be necessary for you to locate a refuge outside it. Prophetic words.)

    City-folk, try and wrap your heads around this: With an average of 5.85 ppl/sq mi, there are still nine cities with over 10,000 (and two over 50,000). You can see why it’s easy for me to often be the only human on 13.5 square miles of private property.

    I can discharge an M82A1 and the projectile will likely never leave my land. Our county Sheriff recently complimented me on my choice of carry-rifle, saying, “Nice to see you with a 7-6-2. [FAL] I quit the WyHP when they took my M1A and replaced it with an inferior 2-2-3.”

    Like to do your own thing? Want to build your own home? I built mine, from the first line on a sheet of vellum, to the last switch-plate on the wall. NO zoning, NO building codes, NO permits, NO inspections, NO gov’t headaches.

    Oh, and NO state income tax either. Want to know what my property taxes are on almost 9,000 acres with three homes and 11 outbuildings (including two that are over 50′x100′)? Under $4,000 a year.

    For the Liberty-minded, contemplating WY, check out freestatewyoming.org

    For those intimidated by us and our legal CONCEALED carry w/o permit, please feel no obligation to visit. Ever.

    Report this comment

    338_LM  
  • WyomingCampCook
    Posted on January 11, 2013 at 11:44am

    I live in Wyoming – congratulate these Representatives for trying to do the right thing – trying to stand up for their constituents, but let me tell you – even if it doesn’t pass – if push comes to shove, the majority of Wyoming folk ain’t gonna need no stinkin’ badges……

    Report this comment

    WyomingCampCook  
  • SantaFeBlue
    Posted on January 11, 2013 at 11:33am

    We need to flood the white house with calls and emails and also Congress. We have to speak loud and clear to everyone in Washington.

    Report this comment

    SantaFeBlue  
  • 338_LM
    Posted on January 11, 2013 at 11:28am

    I’ve lived in WY since 1989, coming from a morally-bankrupt Big East Coast City. (Thanks to my father, who encouraged it in more ways than one. Back then, he said, “Son, I have found a family refuge inside USA; it will likely be necessary for you to locate a refuge outside it. Prophetic words.)

    City-folk, try and wrap your heads around this: With an average of 5.85 ppl/sq mi, there are still nine cities with over 10,000 (and two over 50,000). You can see why it’s easy for me to often be the only human on 13.5 square miles of private property.

    I can discharge an M82A1 and the projectile will likely never leave my land. Our county Sheriff recently complimented me on my choice of carry-rifle, saying, “Nice to see you with a 7-6-2. [FAL] I quit the WyHP when they took my M1A and replaced it with an inferior 2-2-3.”

    Like to do your own thing? Want to build your own home? I built mine, from the first line on a sheet of vellum, to the last switch-plate on the wall. NO zoning, NO building codes, NO permits, NO inspections, NO gov’t headaches.

    Oh, and NO state income tax either. Want to know what my property taxes are on almost 9,000 acres with three homes and 11 outbuildings (including two that are over 50′x100′)? Under $4,000 a year.

    For the Liberty-minded, contemplating WY, check out freestatewyoming.org

    For those intimidated by us and our, open carry and legal CONCEALED carry w/o permit, please feel no obligation to visit.

    Report this comment

    338_LM  
  • RodT82721
    Posted on January 11, 2013 at 11:20am

    How sad it is that so many have no idea how our country was formed, and what the Constitution was written for.
    The Constitution does not provide the Federal govt with any powers, it limits their actions. β€œShall not be infringed” is not talking about sewing, it means the Federal govt has no power to infringe on the God given rights of it’s citizens to defend themself. It’s the minds of little men that want to assume they can now set limits (infringe) on this amendment.

    All these law, rules and regulations, most of which are not included in our US Constitution, are all from our activist in the judicial, that are sure they are so much more informed then the founders. It’s too bad they are also wrong.

    The founders gave the future generations of citizens the means to resist a despot, like Obama, they made it the 2nd amendment. Right after freedom of speech and religion.
    They knew of the evil that lurks in the minds of men, and provided what might be our only escape from the slavery of Marxism.

    Report this comment

    RodT82721  
  • theporch
    Posted on January 11, 2013 at 11:07am

    http://english.pravda.ru/opinion/columnists/28-12-2012/123335-americans_guns-0/

    An article in Pravda. Makes for some good reading and has great substance.

    Report this comment

    theporch  
  • theporch
    Posted on January 11, 2013 at 11:06am

    Has anyone read the article in Pravda??? The headline is
    “Americans never give up your guns”. It makes for some good reading
    28.12.2012

    http://english.pravda.ru/opinion/columnists/28-12-2012/123335-americans_guns-0/

    Report this comment

    theporch  
  • 338_LM
    Posted on January 11, 2013 at 11:04am

    I’ve lived in Wyoming since 1989, coming from a morally lost Big East Coast City. (Thanks to my father, who encouraged it in more ways than one. Back then, he said, “Son, I have found our family refuge inside the USA. It will likely be up to you to find your refuge outside of it.” Prophetic words.)

    City-folk: Try and wrap your heads around this: With a state average of ~5.85 people per square mile, there are two cities over 50,000, and nine cities over 10,000. Do the math and you’ll see why it’s easy for me to be the only person on my 13.5 square miles of private, deeded property. (Yup, with 44 miles of fence around and through it.)

    I can discharge an M82A1 and the projectile will likely NOT even leave my property. Our county has a great Sheriff who once complimented me on my choice of carry-rifle, saying, “Nice to see you with a 7-6-2 in your scabbard. [an FAL] I quit the highway patrol when they made me trade in my M1A for a stupid .22 caliber AR platform.”

    Like to do your own thing? Wanna build your own home? I built mine, from the first line on a sheet of vellum, to the last switch-plate on the wall. NO zoning, NO building codes, NO permits, NO inspections, NO regs of any kind.

    Oh, and NO state income tax either. Wanna know what property taxes are on almost 9,000 acres, three homes, and eleven outbuildings (including two that are over 50′ x 100′)? Under $4,000, folks.

    For the Liberty-minded out there, check out http://freestatewyoming

    Report this comment

    338_LM  
  • ktmrider1
    Posted on January 11, 2013 at 10:54am

    You dare defie King Obama! off with their heads!

    Report this comment

    ktmrider1  
  • HI_Don
    Posted on January 11, 2013 at 10:40am

    Wyoming, now one of the few placed in the US where housing prices will rise and the economy will improve. Congrats. To the politicians in Wyoming – “Wish you were here.”

    Report this comment

    HI_Don  
  • grampdad
    Posted on January 11, 2013 at 10:38am

    Why LIES? The picture caption is a lie! Sandy Hook children were all killed with HANDGUNS! He carried 4 and the AR was in the trunk according to police reports I read.

    Report this comment

    grampdad  
  • grampdad
    Posted on January 11, 2013 at 10:26am

    In checking the police reports they indicate that the Sandy Hook shooter had only hand guns! (the AR was in the trunk) Why do you post the picture with reference to the AR as the weapon. This disinformation must be corrected. The grim stat’s of black murder, drug related killings, and the psycho elements are all being avoided.

    Report this comment

    grampdad  
  • WALTERC
    Posted on January 11, 2013 at 10:17am

    JRook, saying that the founding fathers didn’t mean machine guns, tanks etc therefore they shouldn’t be allowed is like th efounding fthers saying freedom of the press meant only using Frankiln style presses and quill pens to print newspapers. No need for high speed computers.

    And there’s plenty of land for sale in Wyoming, at least in the areas the federal government doesn’t control.

    Report this comment

    WALTERC  
  • BubbaGrump
    Posted on January 11, 2013 at 9:34am

    @JRook – your ignorance is astounding!

    “And how any moron can go into a gun show and purchase virtually any gun and amount of ammo without any background check or waiting period.”

    You are dead wrong, sir! If you buy a gun at a gun show, just like thru any licensed gun dealer, a background check IS performed. However, if you buy a gun from a private individual at the gun show, then no, the background check is not required but that would be the case whether you were in the guy’s front yard OR at the gun show!!

    Report this comment

    BubbaGrump  
  • jettson
    Posted on January 11, 2013 at 9:30am

    Add your comments

    Report this comment

    jettson  
  • jettson
    Posted on January 11, 2013 at 9:29am

    BLAZE fix your site

    Report this comment

    jettson  
  • NativeCollector
    Posted on January 11, 2013 at 9:28am

    I keep getting an error message that says ‘page not found.’ Apologies if this is a duplicate..

    Here is the opposite of what Wyoming is doing… http://fundamentalrefounding.ning.com/forum/topics/cuomo-close-to-announcing-sweeping-new-gun-control-laws May all the red states follow suit!

    Report this comment

    NativeCollector  
  • spmcintyre
    Posted on January 11, 2013 at 9:26am

    Why are we even discussing who has controlling authority. The Constitution does, until the 2nd Amendment is cancelled. Until then, the Right to bear arms, shall not be infringed.

    Report this comment

    spmcintyre  
  • NativeCollector
    Posted on January 11, 2013 at 9:25am

    Here is the opposite of what Wyoming is doing… http://fundamentalrefounding.ning.com/forum/topics/cuomo-close-to-announcing-sweeping-new-gun-control-laws May all the red states follow suit!

    Report this comment

    NativeCollector  
  • FeralHuman
    Posted on January 11, 2013 at 9:13am

    The Communist mafia is running a small plot of land called Washington DC. The thugs are running the land. So the law abiding citizens are depicted as somehow “wrong”.
    We are answering to the mobsters. Then we elect good people to represent us in this Mafia Land. Guess what happens when they get there? The citizens who do not want the evil people running their land and raping it need to stop looking to Washington and look to their states, their counties, their cities and start opposing this taken over govt. in Washington.

    Report this comment

    FeralHuman  
  • kettererbg
    Posted on January 11, 2013 at 9:05am

    The next civil war will be the lower 48 States and Alaska against Washington DC. Real short war.

    Report this comment

    kettererbg  

Sign In To Post Comments! Sign In