Laramie’s ban on concealed carry is unenforceable under state law and the city council plans to remove the ban from its municipal code.
The council held its first reading a motion that would bring local ordinances into line with state statute 16-8-401, which defines the right to keep and bear arms a “fundamental right” and prohibits local governmental bodies from restricting said right.
The proposed comes at the insistence of Laramie Police Chief Dale Stalder.
“I’ve asked for about five years for this ordinance to be adjusted with preemption at the forefront of that request,” he said. “It’s being done now and I think it’s critically important that we come into line with state statute.”
The motion would replace chapter 9.28 of the municipal code with a new chapter 9.28 that excludes the sections pertaining to concealed carry, but keeping two sections which prohibit the discharge of a firearm and the possession of a slingshots, catapults or slingshots.
Councilor Bryan Shuster said he took issue with the lack of exemptions to the ban on firing weapons, such as in life-threatening situations.
“I believe if somebody comes into your home as an intruder, you would not legally have the right to defend yourself,” Shuster said. “I think that’s absurd.”
City Attorney Jason Loos said he shared Shuster’s concern, but came to agree with Stalder that an amendment to the ordinance allowing for defense of “person or property” was unnecessary.
“In theory, someone could be arrested for discharging the firearm if subsequently shooting and killing someone,” Loos said. “They would have a defense to shooting and killing someone but in theory, they wouldn’t have a defense to the municipal violation of discharging the weapon. In practice, that’s never happened.”
Stalder said the theoretical ambiguity, which leaves the determination of justifiability to the prosecuting attorney, is preferable to solutions other states have implemented, such as Florida’s contentious stand-you-ground law.
“You have no legal authority under state statute to kill another human being,” Stalder said. “Wyoming does not grant that authority statutorily like some other states have done.”
The amendment failed, but the motion passed to second reading.
