Skip to comments.Wyoming Representative Allen Jaggi introduces firearms freedom act with "teeth"
Posted on 02/10/2010 4:15:28 AM PST by marktwain
Alert - New Legislation HB 95 Wyoming Firearms Freedom Act -2
Don't be confused by similar legislation, Miller HB 28 just doesn't go far enough.
To see a comparison between HB 28 and HB 95 click here you will see Representative Jaggi (pronounced Ya-Gee) has introduced legislation with "real teeth".
As gun guy and someone that believes the federal government is out of control, I wanted to introduce legislation fitting to Wyoming said Representative Allen Jaggi.
HB 95 Wyoming Firearm Freedom Act - 2 click here
This legislation is a combination of Alaska and New Hampshire's Firearms Freedom Act containing both a penalties clause like New Hampshire as well as a defense clause like Alaska.
(Excerpt) Read more at examiner.com ...
nice. that does sound like a strong bill.
2010 STATE OF WYOMING 10LSO-0274 STATE OF WYOMING HOUSE BILL NO. HB0095 Wyoming Firearms Freedom Act-2. Sponsored by: Representative(s) Jaggi, Brechtel, Childers, Davison, Illoway, Madden, McKim, Pedersen, Quarberg, Shepperson and Teeters and Senator(s) Burns, Case, Cooper, Dockstader and Jennings A BILL for 1 AN ACT relating to the Wyoming Firearms Freedom Act; 2 establishing a Wyoming Firearms Freedom Act; providing that 3 specified firearms that are manufactured, sold, purchased, 4 possessed and used exclusively within Wyoming shall be 5 exempt from federal regulation, including registration 6 requirements; providing exceptions; creating offenses; 7 providing penalties; authorizing the attorney general to 8 defend specified actions; providing legislative findings 9 and declarations of authority; and providing for an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Wyoming: 13 14 Section 1. W.S. 6-8-402 through 6-8-406 are created 15 to read: 1 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 2 6-8-402. Short title; applicability. 3 4 (a) This act shall be known and may be cited as the 5 "Wyoming Firearms Freedom Act". 6 7 (b) This act shall apply to firearms, firearm 8 accessories and ammunition that are manufactured in 9 Wyoming. 10 11 6-8-403. Definitions. 12 13 (a) As used in this act: 14 15 (i) "Borders of Wyoming" means the boundaries of 16 Wyoming as described in Section 2 of the Act of Admission 17 of the state of Wyoming, 26 United States Statutes at 18 Large, 222, chapter 664; 19 20 (ii) "Firearm" means any weapon which will or is 21 designed to expel a projectile by the action of an 22 explosive; 23 2 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 (iii) "Firearms accessories" means items that 2 are used in conjunction with or mounted upon a firearm but 3 are not essential to the basic function of a firearm, 4 including, but not limited to, telescopic or laser sights, 5 magazines, flash or sound suppressors, folding or 6 aftermarket stocks and grips, speedloaders, ammunition 7 carriers, optics for target identification and lights for 8 target illumination; 9 10 (iv) "Generic and insignificant parts" includes, 11 but is not limited to, springs, screws, nuts and pins; 12 13 (v) "Manufactured" means that a firearm, a 14 firearm accessory or ammunition has been created from basic 15 materials for functional usefulness, including, but not 16 limited to forging, casting, machining, molding or other 17 processes for working materials; 18 19 (vi) "This act" means W.S. 6-8-401 through 20 6-8-406. 21 22 6-8-404. Regulation by state of firearms, firearms 23 accessories and ammunition manufactured in Wyoming; 24 exceptions. 3 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 2 (a) A personal firearm, a firearm accessory or 3 ammunition that is manufactured commercially or privately 4 in Wyoming and that remains exclusively within the borders 5 of Wyoming is not subject to federal law, federal taxation 6 or federal regulation, including registration, under the 7 authority of the United States congress to regulate 8 interstate commerce. It is declared by the Wyoming 9 legislature that those items have not traveled in 10 interstate commerce. This section applies to a firearm, a 11 firearm accessory or ammunition that is manufactured in 12 Wyoming from basic materials and that can be manufactured 13 without the inclusion of any significant parts imported 14 from another state or foreign country. Generic and 15 insignificant parts that have other manufacturing or 16 consumer product applications are not firearms, firearms 17 accessories or ammunition, and their importation into 18 Wyoming and incorporation into a firearm, firearm accessory 19 or ammunition manufactured in Wyoming does not subject the 20 firearm, firearm accessory or ammunition to federal 21 regulation. It is declared by the Wyoming legislature that 22 basic industrial materials, such as, but not limited to, 23 polymers, unmachined metal, ferrous or nonferrous, bar 24 stock, ingots or forgings and unshaped wood, are not 4 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 firearms, firearms accessories or ammunition and are not 2 subject to congressional authority to regulate firearms, 3 firearms accessories and ammunition under interstate 4 commerce as if they were actually firearms, firearms 5 accessories or ammunition. The authority of the United 6 States congress to regulate interstate commerce in basic 7 materials does not include authority to regulate firearms, 8 firearm accessories and ammunition made within Wyoming 9 borders from those materials. Firearms accessories that 10 are imported into Wyoming from another state and that are 11 subject to federal regulation as being in interstate 12 commerce do not subject a firearm to federal regulation 13 under interstate commerce because the firearm accessory is 14 attached to or used in conjunction with a firearm in 15 Wyoming. 16 (b) A firearm manufactured or sold in Wyoming under 17 this act shall have the words, "made in Wyoming" clearly 18 stamped, inscribed or otherwise marked on a central part of 19 the firearm, such as the receiver or frame. 20 21 6-8-405. Offenses and penalties; defense of Wyoming 22 citizens. 23 5 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 (a) Any public servant of the state of Wyoming, as 2 defined in W.S. 6-5-101, who enforces or attempts to 3 enforce any act, order, law, statute, rule or regulation of 4 the United States government relating to a personal 5 firearm, firearm accessory or ammunition that is 6 manufactured commercially or privately in Wyoming and that 7 remains exclusively within the borders of Wyoming shall be 8 guilty of a misdemeanor and, upon conviction, shall be 9 subject to imprisonment for not more than one (1) year, a 10 fine of not more than two thousand dollars ($2,000.00), or 11 both. 12 13 (b) Any official, agent or employee of the United 14 States government who enforces or attempts to enforce any 15 act, order, law, statute, rule or regulation of the United 16 States government upon a personal firearm, a firearm 17 accessory or ammunition that is manufactured commercially 18 or privately in Wyoming and that remains exclusively within 19 the borders of Wyoming shall be guilty of a felony and, 20 upon conviction, shall be subject to imprisonment for not 21 more than two (2) years, a fine of not more than ten 22 thousand dollars ($10,000.00), or both. 23 6 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 (c) The attorney general may defend a citizen of 2 Wyoming who is prosecuted by the United States government 3 for violation of a federal law relating to the manufacture, 4 sale, transfer or possession of a firearm, a firearm 5 accessory or ammunition manufactured and retained 6 exclusively within the borders of Wyoming. 7 8 6-8-406. Legislative findings and declaration of 9 authority. 10 11 (a) The legislature declares that the authority for 12 W.S. 6-8-402 through 6-8-406 is the following: 13 14 (i) The tenth amendment to the United States 15 constitution guarantees to the states and their people all 16 powers not granted to the federal government elsewhere in 17 the constitution and reserves to the state and the people 18 of Wyoming certain powers as they were understood at the 19 time that Wyoming was admitted to statehood in 1890. The 20 guaranty of those powers is a matter of contract between 21 the state and people of Wyoming and the several states 22 comprising the United States as of the time the Act of 23 Admission was agreed upon and adopted by Wyoming and the 24 several states comprising the United States in 1889; 7 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 2 (ii) The ninth amendment to the United States 3 constitution guarantees to the people rights not granted in 4 the constitution and reserves to the people of Wyoming 5 certain rights, as they were understood at the time Wyoming 6 was admitted to statehood in 1890. The guaranty of those 7 rights is a matter of contract between the state and people 8 of Wyoming and the several states comprising the United 9 States as of the time the Act of Admission was agreed upon 10 and adopted by Wyoming and the United States in 1889; 11 12 (iii) The regulation of intrastate commerce is 13 vested in the states under the ninth and tenth amendments 14 to the United States constitution, particularly if not 15 expressly preempted by federal law pursuant to article 1, 16 section 8 of the United States constitution. The United 17 States congress has not expressly preempted state 18 regulation of intrastate commerce pertaining to the 19 manufacture on an intrastate basis of firearms, firearms 20 accessories and ammunition; 21 22 (iv) The second amendment to the United States 23 constitution reserves to the people the right to keep and 24 bear arms as that right was understood at the time the 8 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 original states ratified the bill of rights to the United 2 States constitution, and the guaranty of the right is a 3 matter of contract between the state and people of Wyoming 4 and the United States as of the time the Act of Admission 5 was agreed upon and adopted by Wyoming and the United 6 States in 1889; 7 8 (v) Article 1, section 24, of the Wyoming 9 constitution secures the right of citizens the right to 10 keep and bear arms and this right shall not be denied. 11 This right predates the United States constitution and the 12 Wyoming constitution and is unchanged from the 1890 Wyoming 13 constitution, which was approved by congress and the people 14 of Wyoming, and the right exists, as it was agreed upon and 15 adopted by Wyoming and the United States in the Act of 16 Admission; 17 18 (vi) Article 1, section 1, of the Wyoming 19 constitution provides that all power is inherent in the 20 people, and all free governments are founded on their 21 authority, and instituted for their peace, safety and 22 happiness; for all the advancement of these ends they have 23 at all times an inalienable and indefeasible right to 9 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 alter, reform or abolish the government in such manner as 2 they may think proper; 3 4 (vii) Article 1, section 7, of the Wyoming 5 constitution provides that absolute, arbitrary power over 6 the lives, liberty and property of freemen exists nowhere 7 in a republic, not even in the largest majority; 8 9 (viii) Article 1, sections 1 and 7, of the 10 Wyoming constitution clearly provide that the people of the 11 state have the sole and exclusive right of governing 12 themselves as a free, sovereign and independent state, and 13 do so and forever hereafter shall exercise and enjoy every 14 power, jurisdiction and right, pertaining thereto, which is 15 not, or may not hereafter be, by them expressly delegated 16 to the United States of America; 17 18 (ix) The declaration of independence clearly 19 provides that government derives its power directly from 20 the consent of the governed and Wyoming affirms the 21 language of the second paragraph of the declaration of 22 independence which states "We hold these truths to be self- 23 evident, that all men are created equal, that they are 24 endowed by the Creator with certain inalienable Rights, 10 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 that among these are Life, Liberty and the pursuit of 2 Happiness. That to secure these rights, Governments are 3 instituted among Men, deriving their just powers from the 4 consent of the governed...". 5 6 Section 2. W.S. 6-8-401 by creating a new subsection 7 (a) and by amending and renumbering (a) as (c) is amended 8 to read: 9 10 6-8-401. Firearm, weapon and ammunition regulation 11 and prohibition by state. 12 13 (a) The Wyoming legislature finds that the right to 14 keep and bear arms is a fundamental right that predates the 15 United States constitution and the Wyoming constitution. 16 The Wyoming legislature affirms this right as a 17 constitutionally protected right in every part of Wyoming. 18 19 (a)(c) The sale, transfer, purchase, delivery, 20 taxation, manufacture, ownership, transportation, storage, 21 use and possession of firearms, weapons and ammunition 22 shall be authorized, regulated and prohibited by the state, 23 and regulation thereof is preempted by the state. Except as 24 authorized by W.S. 15-1-103(a)(xviii), no city, town, or 11 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 county, political subdivision or any other entity shall 2 authorize, regulate or prohibit the sale, transfer, 3 purchase, delivery, taxation, manufacture, ownership, 4 transportation, storage, use, carrying or possession of 5 firearms, weapons, and accessories, components or 6 ammunition except as specifically provided by this chapter. 7 This section shall not affect zoning or other ordinances 8 which encompass firearms businesses along with other 9 businesses. Zoning and other ordinances which are designed 10 for the purpose of restricting or prohibiting the sale, 11 purchase, transfer or manufacture of firearms or ammunition 12 as a method of regulating firearms or ammunition are in 13 conflict with this section and are prohibited. 14 15 Section 3. W.S. 6-8-401(b) is repealed. 16 17 Section 4. This act is effective immediately upon 18 completion of all acts necessary for a bill to become law 19 as provided by Article 4, Section 8 of the Wyoming 20 Constitution. 21 22 (END) 12 HB0095
Wyoming Cowboy bump.
Just an update on this bill. The Wyoming legislature is in a budget session. This requires a 2/3’s majority vote for any non-budget bill to even be introduced. That said, the bill passed introduction with a vote of 45 ayes 13 nays (2 excused). One of the co-sponsors is the Majority Whip, who is a strong conservative.
The biggest negative facing this bill in the House is that it was referred to the Judiciary committee where the chairman is a RINO from Jackson; Chairman Gingery did vote no on the floor. Fortunately, Representative Quarberg (the Majority Whip) is also on the committee. Hopefully she can put enough pressure on Gingery to get it through committee. This is a short session though (only 4 weeks), so the bill only has until the 23rd to get out of committee and pass three seperate votes on the floor.
I would change the word "explosive" to "propellent". Smokeless powder isn't an explosive. BATFE might attempt a challenge on the basis that they can regulate explosives.
Well I’ll be dog gone!
Like I’ve said before, if it doesn’t include full autos, the act means nothing.
Please contact the legislators in Wyoming directly to address this.
But then, I'm not a lawyer.
Billbob? holdonnow? Do you have comments on this?
“14 (i) The tenth amendment to the United States
15 constitution guarantees to the states and their people all
16 powers not granted to the federal government elsewhere in
17 the constitution and reserves to the state and the people
18 of Wyoming certain powers as they were understood at the
19 time that Wyoming was admitted to statehood”
This is what my approach to the 10th Amendment has been. Nobody in their right mind would enter into a contract they coundn’t excuse themself out of if the other party violates or attempts to alter the meaning of the contract.
The states would have never ratified the Constitution without an opt out provision of their contract, which is still the 10th amendment.
Just another update. This bill and the concealed carry act are on the committee’s schedule for tomorrow morning.