SF 101

ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
AN ACT relating to the protection of constitutional rights;
amending the Second Amendment Protection Act as specified;
creating exceptions to the Second Amendment Protection Act;
creating civil penalties; creating criminal penalties;
creating an exception to the Wyoming Governmental Claims
Act; providing definitions; making conforming amendments;
and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
    Section 1.    W.S. 1-39-125 is created to read:
     1-39-125. Liability;     enforcement    of    federal
regulation of firearms, firearm accessories, magazines and
ammunition.
A governmental entity is liable for damages resulting from
a violation of W.S. 9-14-203.
     Section 2. W.S. 1-39-103(a)(ix),  1-39-104(a)      and
9-14-203 are amended to read:
    1-39-103.     Definitions.
    (a)   As used in this act:
          (ix) "This     act"    means   W.S.   1-39-101    through
1-39-123 1-39-125.
     1-39-104. Granting immunity  from   tort   liability;
liability on contracts; exceptions.
     (a) A governmental entity and its public employees
while acting within the scope of duties are granted
immunity from liability for any tort except as provided by
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
W.S.  1-39-105   through  1-39-112   and 1-39-122 through
1-39-124 1-39-125. Any immunity in actions based on a
contract entered into by a governmental entity is waived
except to the extent provided by the contract if the
contract was within the powers granted to the entity and
was properly executed and except as provided in W.S.
1-39-120(b). The claims procedures of W.S. 1-39-113 apply
to contractual claims against governmental entities.
     9-14-203. Prohibiting the enforcement of federal
regulation of firearms, firearm accessories, magazines and
ammunition; penalties; defense of Wyoming citizens.
     (a) Except as otherwise provided in this section,
this state and all political subdivisions of this state are
prohibited from using any personnel or funds appropriated
by the legislature of the state of Wyoming, or any other
source of funds that originated within the state of
Wyoming, any federal funds and any other source of funds
solely to enforce, administer or cooperate with attempt to
enforce, provide material aid, support or participate in
any manner in the enforcement or implementation of any
unconstitutional act, law, treaty, executive order, rule or
regulation of the United States government that infringes
on or impedes the free exercise of individual rights
guaranteed under the Second Amendment of the Constitution
of the United States solely regarding firearms, accessories
or ammunition against any law abiding citizen.
     (b) Nothing in this act section shall limit or
restrict   a    public officer,  as   defined    in    W.S.
6-5-101(a)(v), or a peace officer, as defined by W.S.
7-2-101(a)(iv),   from providing assistance   to    federal
authorities for purposes not specifically identified in
subsection (a) of this section.     Nothing in this act
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
section shall be construed to prohibit Wyoming governmental
entities from accepting federal assistance or funds for law
the enforcement purposes of laws in this state.
     (c) Any agency of the state, political subdivision or
law enforcement agency that employs any public officer, as
defined in W.S. 6-5-101(a)(v), or peace officer, as defined
in W.S. 7-2-101(a)(iv), who knowingly violates subsection
(a) of this section is guilty of a misdemeanor punishable
by imprisonment for not more than one (1) year, a fine of
not more than two thousand dollars ($2,000.00), or both any
provision of this section against any law abiding citizen
while acting under the direction of an official, agent,
employee or deputy of the United States government, or
otherwise acting under the color of federal or state law,
shall be liable to the injured party for damages resulting
from the public officer's or peace officer's conduct in a
civil action before a court of competent jurisdiction. The
court, upon finding a violation as described in this
section, shall impose a civil penalty against the agency,
political subdivision or law enforcement agency in an
amount of fifty thousand dollars ($50,000.00) per violation
and may order any injunctive or other equitable relief as
permitted by law. The court shall hold a hearing on a
motion for injunctive or equitable relief within thirty
(30) days of service of the petition. Sovereign immunity
shall not be an affirmative defense in any action brought
pursuant to this subsection.
     (d) Any agency of the state, political subdivision or
law enforcement agency that employs any public officer, as
defined in W.S. 6-5-101(a)(v), or peace officer, as defined
in W.S. 7-2-101(a)(iv), who previously acted as an
official, agent, employee or deputy of the United States
government, and who knowingly commits any of the following
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
acts on or after July 1, 2026 shall be subject to a civil
penalty of fifty thousand dollars ($50,000.00):
          (i) For each such employee employed        by   the
agency   of  the   state, political subdivision      or   law
enforcement agency who:
               (A) Enforces,      attempts    to   enforce or
participates   in   any    manner   in    the  enforcement or
implementation   of any     federal    act, executive order,
administrative    order,    rule,   regulation,    statute or
ordinance   solely    regarding   firearms,    accessories or
ammunition;
               (B) Gives material aid or support to the
efforts of another in the enforcement or implementation of
any federal act, executive order, administrative order,
rule, regulation, statute or ordinance solely regarding
firearms, accessories or ammunition.
          (ii) An interested party may bring a civil
action to enforce the provisions of this subsection.  A
court of competent jurisdiction may order injunctive or
other equitable relief, recovery of damages or other
remedies permitted by law and payment of reasonable
attorneys' fees.   Sovereign immunity shall not be an
affirmative defense in any action brought under this
subsection.
     (e) A court of competent jurisdiction may order
injunctive or other equitable relief, recovery of damages
or other legal remedies permitted by law and payment of
reasonable attorney fees. Sovereign immunity shall not be
an affirmative defense in any action brought under this
section.
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     (f) A person does not violate the provisions of this
section when:
          (i) The person provides material aid to federal
officers in pursuit of a suspect when there is a
demonstrable criminal nexus with another state or country
and such suspect is either not a citizen of this state or
is not present in this state;
          (ii) The person provides material aid to federal
prosecutors for felony violations involving controlled
substances or violations against another person when such
prosecution   includes  weapons   violations  substantially
similar to the laws of this state if such weapons
violations are ancillary to such prosecution;
          (iii) Accepting    federal   assistance   for     the
enforcement of the laws of this state.
     (g) Any    public   officer,   as   defined   in W.S.
6-5-101(a)(v), or peace officer, as defined by W.S.
7-2-101(a)(iv), who knowingly violates subsection (a) of
this section is guilty of a misdemeanor punishable by
imprisonment for not more than one (1) year, a fine of not
more than two thousand dollars ($2,000.00), or both.
     (h)   Nothing in this section shall be construed to:
          (i) Preclude    any  investigation  and  lawful
seizure of firearms, accessories or ammunition related to
violations of Wyoming law;
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (ii) Impose liability for civil penalties under
this section on individual public officers or peace
officers;
          (iii) Prohibit    the   hiring   or  impose  any
penalties under subsection (d) of this section for the
hiring of any person whose federal service was as a member
of the armed services of the United States.
    (j)   As used in this section:
          (i) "Law abiding citizen" means a person who is
not otherwise precluded under state law from possessing a
firearm and shall not be construed to include any person
who is not legally present in the United States or the
state of Wyoming;
          (ii) "Material aid" includes but is not limited
to voluntarily giving or allowing others to make use of
lodging, communications equipment or services including
social media accounts, facilities, weapons, personnel,
transportation,   clothing   or  other   physical   assets.
"Material aid" shall not include the giving or allowing the
use of medicine or other materials necessary to treat
physical injuries or assistance provided to help persons
escape a serious and present risk of life threatening
injuries.
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ORIGINAL SENATE  ENGROSSED
FILE NO. SF0101
       ENROLLED ACT NO. 64, SENATE
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
    Section 3.    This act is effective July 1, 2026.
                             (END)
Speaker of the House  President of the Senate
                           Governor
                  TIME APPROVED: _________
                  DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
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