Bill would curb aid to federal gun enforcement

Summary#

HB 130, the “Second Amendment Protection Act amendments,” would amend Wyoming’s Second Amendment Protection Act and the Wyoming Governmental Claims Act. Its stated goal is to protect Second Amendment rights by limiting state and local participation in certain federal firearms enforcement and adding penalties and civil remedies. The supplied status says it passed the Wyoming House; the materials do not establish whether it became law.

• State and local governments could not use personnel or funds from any source for specified support of federal actions that are unconstitutional and infringe Second Amendment rights concerning firearms, accessories or ammunition against a “law abiding citizen.”
• The bill allows some cooperation with federal authorities, including assistance in specified cases involving suspects connected to other states or countries, certain prosecutions, and enforcement of Wyoming law.
• An officer who knowingly violates the prohibition could face a misdemeanor: up to one year in jail, a fine of up to $2,000, or both. An agency or other covered government entity could face a $50,000 civil penalty per violation, and a lawsuit could seek damages and court orders.
• A covered agency could also face a $50,000 civil penalty for each former federal employee who knowingly takes part in specified enforcement or support of federal firearms laws. The bill exempts former members of the U.S. armed services from this hiring-related penalty.
• An interested party could sue to enforce the section and seek remedies including reasonable attorney fees. The bill does not create a new agency or a process for deciding in advance which federal actions qualify.

What it means for you#

• Wyoming and local government agencies: They would have to follow the new limits on using staff and funds. The exceptions allow some federal cooperation, but do not cover every situation.
• Public officers and peace officers: Knowingly violating the main prohibition could bring criminal penalties. An officer could also face a claim for damages when acting under the direction of a federal or state official; the bill says individual officers are not subject to its $50,000 civil penalty.
• People who may bring a lawsuit: An “interested party” could seek court orders or other legal remedies, including attorney fees. The bill does not define “interested party.”
• People covered by “law abiding citizen”: The bill defines this as someone not barred from possessing a firearm under state law, and excludes people not legally present in the United States or Wyoming.
• Federal employees considering state or local work: The bill could expose an agency to a penalty for employing a covered former federal worker who knowingly carries out the listed actions. The exception is for former U.S. armed services members.

Money#

No cost estimate is provided in the available material.

• The bill sets possible civil penalties of $50,000 per violation or, in a separate provision, $50,000 for each covered former federal employee who carries out listed actions. It does not say where penalty payments go.
• A person bringing a successful enforcement action may recover reasonable attorney fees. The bill also allows claims for damages, but does not set a damages amount.
• The bill adds a Governmental Claims Act exception so a government entity may be liable for damages resulting from a violation. The materials do not estimate possible claims or costs.

What is unclear#

• The current text of the Second Amendment Protection Act was not supplied, so it is not possible to verify which limits or penalties already exist and which are new or changed.
• The bill does not set a process for deciding whether a federal action is unconstitutional or infringes Second Amendment rights.
• “Interested party,” “demonstrable criminal nexus,” and some other key terms are not defined in the supplied text.
• The bill does not explain how its limits would apply when a case involves both firearms enforcement and other federal enforcement.
• The supplied status says the bill passed the House, but does not establish whether it passed the Senate or became law. The text sets July 1, 2026 as its effective date if enacted.

Case for#

• The bill appears intended to stop Wyoming and local governments from helping enforce federal firearms measures that violate Second Amendment rights.
• Penalties, lawsuits and court orders could give people ways to enforce the limits rather than leaving them as a statement of purpose.
• The exceptions preserve some forms of federal cooperation, including help enforcing Wyoming law and assistance in specified criminal cases.

Case against#

• The bill does not explain who decides whether a federal measure is unconstitutional under its terms. That uncertainty could make agencies unsure when cooperation is allowed.
• The $50,000 penalties and possible damages and attorney fees could expose public agencies to substantial and uncertain costs.
• One concern is that the former-federal-employee provision could make agencies liable based on an employee’s past federal service and later actions, though the bill exempts former service members.
• The exceptions and the broad terms used for prohibited support may be difficult to apply in cases involving both firearms and other law-enforcement matters.