Monday, March 9, 2026 |
Photo – Wyoming Capitol building – Courtesy WYDOT
A bill, preventing law enforcement officers from complying with federal gun‑seizure laws, has cleared the Legislature and is headed to Governor Gordon’s desk.
On Thursday, March 5th, both the Wyoming House of Representatives and Senate passed Senate File 101, the Second Amendment Protection Act. The bill prohibits the state’s law enforcement officers from assisting federal authorities in the regulation of firearms, firearm accessories, magazines, and ammunition. In addition, the measure allows an individual to sue a police department or responsible entity for $50,000 if their Second Amendment rights are violated.
The House of Representatives discussed Senate File 101 during the March 5th session. Uinta County Representative Robert Wharff explained the bill’s intent.
The House began by narrowly defeating an amendment from Campbell County Representative Ken Clouston. The amendment would have changed the bill’s language to limit who may file civil charges for a rights violation.
Following the vote, Natrona County Representative Art Washut introduced an amendment specifying that Wyoming officers may only cooperate with federal agencies when acting within constitutional bounds. Representative Washut said Senate File 101 is designed to protect Wyoming residents from unconstitutional action by law enforcement officers. The Natrona County Republican said that without this language, officers could be unfairly penalized for actions that would become unconstitutional in the future.
Representative Jeremy Haroldson, who serves Laramie and Platte Counties, spoke against the amendment. Representative Haroldson said federal courts often rule that a specific type of firearm or accessory is unconstitutional, citing bump stocks as an example.
Haroldson said Senate File 101, as written, makes clear that Wyoming officers are not permitted to assist with federal gun seizures of any kind, not only those involving items banned guns or accessories at the time of the action.
Campbell County Representative John Bear also opposed the amendment, saying that only federal courts, not states, can determine what does and does not violate the Constitution.
Representative J.R. Riggins also argued against the amendment, saying that federal courts may take years to determine the constitutionality of a matter. The Natrona County Republican continued, adding that the state legislature should target specific federal actions instead of enacting a blanket prohibition through Senate File 101.
Representative John Bear said the legislature isn’t always able to react quickly to new federal laws. The Campbell County Republican urged lawmakers to take preemptive action.
Bear urged lawmakers to protect citizens’ rights as Washington, D.C., continues to move away from the principles set out by the Founding Fathers.
Article One, Section 24, of the Wyoming State Constitution provides that the right of citizens to bear arms in defense of themselves and the state shall not be denied. Representative Art Washut argued that while the language may not restrict a resident’s ability to carry firearms, in practice the right is limited. For example, the Natrona County Republican noted that firearms cannot be carried in a prison or at an airport, and that federal law bars individuals convicted of domestic violence from owning a gun. Representative Washut said his proposed amendment ensures that Wyoming law enforcement can continue working with federal agents on such cases.
Representative Washut’s amendment to limit Senate File 101 to constitutional matters was defeated by a vote of 20 to 39. After the vote, the Natrona County Republican introduced an amendment to delete the bill in its entirety. Representative Washut acknowledged that the amendment was unlikely to pass and offered to withdraw it after a round of discussion. He said Senate File 101, as written, is too unclear and will hinder law enforcement’s ability to make quick and sound decisions in the field.
Representative Washut said that law enforcement officers are among the strongest proponents of the Second Amendment and called the $50,000 civil penalty for violating Senate File 101 a “sword of Damocles” over the head of the state’s public safety community.
The Natrona County Republican said all 23 of the state’s sheriffs have expressed concern about the bill.
Representative Robert Wharff of Evanston said that the Wyoming Association of Sheriffs and Chiefs of Police opposed the state’s expansion of constitutional carry laws, saying it would increase violence. The Uinta County Republican said the same organization is misrepresenting Senate File 101.
Representative Elissa Campbell said Natrona County law enforcement officers, including Sheriff John Harlin, oppose the bill, specifically the implication it would limit their ability to cooperate with federal agencies on domestic violence cases.
Representative Wharff responded that Senate File 101 does not prevent officers from responding to any crimes, including domestic violence. Instead, the Uinta County Republican said the bill clearly applies only to federal laws that limit gun ownership.
Representative Darin McCann said he is a strong supporter of law enforcement. When asked if officers would confiscate firearms under a federal order, they reported that they would not. The Sweetwater County Republican said the 2020 COVID‑19 pandemic showed that peace officers may not risk their jobs to do what they see as right.
In his final comments before withdrawing his amendment, Representative Washut said every peace officer has sworn an oath to uphold the Constitution. The Natrona County Republican asked why law enforcement would oppose Senate File 101 and answered that the bill is too unclear.
The House of Representatives passed Senate File 101 on a vote of 40 to 21. The bill then moved to the Senate, which also approved it. The next step is for Governor Mark Gordon to decide if the bill becomes law.
