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Bill to preserve Second Amendment passes House

Jacob Capron
Staff Writer

Less than two weeks ago, House Bill 0118 – or the Second Amendment Preservation Act- passed in the Wyoming House of Representatives and is pending approval in the Senate.

It is no secret guns are all over in Wyoming and a majority of residents are gun owners. However, due to more and more gun violence being reported on news networks, the idea of new gun regulations has surfaced. This idea has many conservative worried about the possibility of new legislation restricting their second amendment rights.

The bill is comprised of primarily two related sections. The first stated that “all federal acts, laws, executive orders, administrative orders, court orders, rules and regulations which infringe on the people’s right to keep and bear arms…” that would undermine either the US constitution or Wyoming’s.

“They are making a bold statement,” said Paolina Rose, a University of Wyoming freshman. “[The United States] is so large and diverse, that’s why we have states, right? We can’t just give up guns, it’s necessary out here.”

This bill also opposes taxation imposed on firearms and associated products that are not general taxes, including sales tax and the registering or any tracking of owners that “might reasonably be expected to limit or discourage the purchase or ownership.”

Representative Roy Edwards (R-Campbell), a co-sponsor of the bill, said he believed the democratic party is trying to use many cases of people with poor mental health and other conditions as an excuse to take guns away from the citizenry. Edwards said he thought they will soon use post-traumatic stress disorder as an excuse to remove veterans ability to own firearms.

The bill does not articulate if it will repeal current registration practices or if it will only guard against new measures.

“I think [gun laws] need reform, but not control. Banning is not okay, but there needs to be some middle ground,” said Connor Ekerberg, a UW junior.

Rebecca Webb, a UW freshman, said she knows hunting is important to a lot of people in Wyoming, but she also said she was in favor of gun regulation.

“If something is a threat to the nation as a whole, it warrants [legislation],” she said.

Edwards said the United States is a Constitutional Republic, and that neither the states nor the federal government have the right to remove people’s right to bear arms. He said the bill’s intent is to “offer protection and uphold Wyoming law and the US Constitution.”

Webb’s thoughts are echoed around the country as many states are reforming their stances towards gun ownership. However, in equal measure there are those who are steadfast in their belief in their right to bear arms, a division that divides republicans and democrats

The second aspect to the preservation act is how Wyoming will react to any federal legislation regarding guns and their owners, “shall be objected to and litigated against by the Wyoming attorney general on behalf of the citizens of Wyoming.”

With regards to the litigation part, the bill would require the Wyoming general attorney to sue the federal government if they believe there has been a federal overreach.

“For the frontier states, [the second amendment] is for protection. We are on our own, [also it is] for  standing up against government overreach and militias,” said Rose.

According to the bill, no “public servant” has the right to “enforce or attempt to enforce any federal act, law, executive order, administrative order, court order, rule, regulation, statute” that may infringe a person’s right to keep and bear arms.

The language of the second section brings questions about the legality of the bill, sounding like a refusal to comply with federal law. If there was some sort of new federal law dealing with firearms, would the bill stand up in front of the Supreme Court and its Justices?

The bill’s language is quite thorough in its opposition to any new regulation of firearms. If the bill passes, it will become effective July 1, 2020.

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