Protection of Constitutional Rights

Wyo. Stat. Ann. tit. 9, ch. 14

in effect

Wyo. Stat. Ann. § 9-14-101 Second amendment defense.

The attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms. The attorney general is directed to advance arguments that protect the constitutional right to bear arms. Before intervening in any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.

Wyo. Stat. Ann. § 9-14-102 Unauthorized federal agency actions.

(a) The legislature finds: (i) Rules enacted and other actions taken by a federal agency in excess of authority authorized by the United States congress acting within its powers under the United States constitution violate the constitution; (ii) The federal environmental protection agency has increasingly expanded its rulemaking authority granted by the United States congress; (iii) Current rulemaking and other actions of the federal environmental protection agency have severely impacted the ability of the state and its citizens to prudently develop the state's natural resources; (iv) The federal occupational safety and health administration has expanded its regulation of highly hazardous chemicals on questionable authority; (v) When rulemaking and other actions of the federal environmental protection agency or the federal occupational safety and health administration rest on questionable congressional authority the state is authorized to protect its interests and the interests of its citizens and should challenge those actions, including unlawful rulemaking. (b) The legislature declares it is the state's policy to vigorously defend its interests and those of its citizens against rulemaking and other actions of the federal environmental protection agency or the federal occupational safety and health administration which are not authorized by the United States congress or which rest upon questionable authority. (c) The attorney general may seek to take action before the federal environmental protection agency, the federal occupational safety and health administration or in any state or federal court to stop the enforcement, administration or implementation of rulemaking or other actions taken by those agencies if, in his judgment, the rulemaking or other action exceeds the authority granted by the United States congress or otherwise rests on questionable authority. Before intervening in or initiating any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.

Wyo. Stat. Ann. § 9-14-103 COVID-19 vaccine mandate; prohibitions.

(a) As used in this section: (i) "COVID-19" means as defined by W.S. 1-1-141(a)(ii); (ii) "COVID-19 vaccination" means any vaccine that is marketed to prevent COVID-19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID-19; (iii) "Public entity" means as defined by W.S. 16-6-101(a)(viii) except that "public entity" does not include an entity receiving federal funding that by complying with subsection (b) of this section would lose that federal funding. (b) No public entity shall enforce any mandate or standard of the federal government, whether emergency, temporary or permanent, that requires an employer to ensure or mandate that an employee shall receive a COVID-19 vaccination. (c) Except as otherwise provided in this section, to the extent that this section conflicts with a federal law, regulation, rule, standard or order, subsection (b) of this section shall not be enforced after the federal law, regulation, rule, standard or order takes legal effect that requires Wyoming employers to comply with a federal COVID-19 vaccine requirement or mandate. (d) Notwithstanding subsection (c) of this section, subsection (b) of this section shall be enforceable during any period in which the federal law, regulation, rule, standard or order is subject to a federal judicial stay applicable in Wyoming or is otherwise repealed, withdrawn, superseded or declared by a federal court of competent jurisdiction to be unlawful or unenforceable.

Wyo. Stat. Ann. § 9-14-201 Short title.

This article shall be known and may be cited as the "Second Amendment Protection Act."

Wyo. Stat. Ann. § 9-14-202 Declaration of authority.

(a) The Second Amendment Protection Act is enacted under the authority of the second and tenth amendments to the United States Constitution, article 1, section 24 of the Wyoming Constitution, Wyoming's agreement with the United States that the state adopted when it joined the Union under the United States Constitution's system of dual sovereignty, and Printz v. United States, 521 U.S. 898 (1997). (b) The legislature further declares that the authority for W.S. 9-14-201 through 9-14-203 is provided by the findings in W.S. 6-8-406.

Wyo. Stat. Ann. § 9-14-203 Prohibiting the enforcement of federal regulation of firearms, firearm accessories, magazines and ammunition; penalties; defense of Wyoming citizens.

(a) 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 to enforce, administer or cooperate with 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. (b) Nothing in this act shall limit or restrict a public officer, as defined in W.S. 6-5-101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit Wyoming governmental entities from accepting federal funds for law enforcement purposes. (c) Any public officer, as defined in W.S. 6-5-101(a)(v), 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.

Wyo. Stat. Ann. § 9-14-301 Short title.

This article shall be known and may be cited as the "Prohibit Red Flag Gun Seizure Act."

Wyo. Stat. Ann. § 9-14-302 Prohibiting the implementation or enforcement of a red flag gun seizure, preempting local law, penalties.

(a) For purposes of this act: (i) "Red flag gun seizure" means a federal statute, rule, executive order, judicial order or judicial finding or any state statute, rule, executive order, judicial order or judicial finding that does any of the following: (A) Prohibits a specific person from owning, possessing, transporting, transferring or receiving a firearm, ammunition or related accessories unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6-2-510(b)(ii) or 6-2-511(b)(ii), is a fugitive from justice under 7-3-213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7-3-508, 7-3-509, 35-21-104, 35-21-105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25-10-110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23-6-208; or (B) Orders the removal or requires the surrender of a firearm, ammunition or related accessories from a specific person unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6-2-510(b)(ii) or 6-2-511(b)(ii), is a fugitive from justice under 7-3-213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7-3-508, 7-3-509, 35-21-104, 35-21-105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25-10-110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23-6-208. (ii) "This act" means W.S. 9-14-301 through 9-14-303. (b) The state of Wyoming, including any agency or any political subdivision in the state, shall be prohibited from implementing or enforcing any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming. (c) This state and any agency or any political subdivision, including any law enforcement agency, in the state of Wyoming shall be prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming, any other source of funds that originated within the state of Wyoming or accepting any federal funds to implement any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming. Nothing in this section shall be construed to prohibit Wyoming officials from accepting aid from federal officials to enforce any Wyoming law not in conflict with this act. (d) This act shall preempt any local law, ordinance or regulation regarding a red flag gun seizure order or any other law, ordinance or regulation that may conflict with any provision of this act. (e) Nothing in this act shall be construed to prohibit or prevent a firearm, firearm accessory or ammunition from being seized as evidence or collected by law enforcement in the course of a lawful investigation.

Wyo. Stat. Ann. § 9-14-303 Civil actions permitted, remedies; criminal offense.

(a) Any agency of the state, political subdivision or law enforcement agency that employs any public officer or peace officer, as defined in W.S. 7-2-101(a)(iv), who knowingly violates any provision of this act and enforces a red flag gun seizure against any resident of the state of Wyoming while acting within the scope of their employment 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 the district court in which county the red flag gun seizure was enforced. The court, upon a finding of a violation of this act, may impose a civil penalty against the agency or political subdivision in an amount not to exceed 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 of a red flag gun seizure within thirty (30) days of service of the petition. (b) An interested party may bring a civil action to enforce the provisions of this act. The district court may order injunctive or other equitable relief, recovery of damages or other legal remedies permitted by law and payment of reasonable attorney fees. (c) In any action brought under subsection (b) of this section, the court may award the prevailing party, other than the state of Wyoming or any political subdivision of the state, reasonable attorney fees. Sovereign immunity shall not be an affirmative defense in any action pursuant to this section. (d) Any person who knowingly violates any provision of this act 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.

Wyo. Stat. Ann. § 9-14-401 Short title.

This article shall be known and may be cited as the "Second Amendment Financial Privacy Act."

Wyo. Stat. Ann. § 9-14-402 Definitions.

(a) As used in this act: (i) "Assign" or "assignment" means a policy, process or practice that labels, links or otherwise associates a firearms or ammunition code with a merchant or payment card transaction in a manner that allows any entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale or purchase of firearms or ammunition; (ii) "Customer" means any person engaged in a payment card transaction; (iii) "Disclosure" means the transfer, publication or distribution of protected financial information to another person or entity for any purpose other than to process or facilitate a payment card transaction; (iv) "Financial record" means a financial record held by a merchant servicer related to a payment card transaction that the merchant servicer has processed or facilitated; (v) "Firearms code" means any code or other indicator that a merchant servicer assigns to a merchant or to a payment card transaction that identifies whether a merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or ammunition. The term "firearms code" includes, but is not limited to, a merchant category code assigned to a retailer by a payment card network or other merchant servicer; (vi) "Firearms retailer" means any person engaged in the lawful business of selling or trading firearms or ammunition to be used in firearms; (vii) "Government entity" means any county or municipality, or state board, commission, agency, bureau, department or any other political subdivision of the state; (viii) "Protected financial information" means any record of a sale, purchase, return or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted or grouped based on the assignment of a firearms code; (ix) "Merchant category code" means classification codes assigned by a merchant processor to merchants or payees that accept its payment cards to classify the goods or services provided or furnished by a merchant or payee; (x) "Merchant servicer" means a payment settlement entity, merchant acquiring entity or third party settlement organization as defined by 26 U.S.C. 6050W or any other entity that specifically assigns a merchant category code for use in a payment card transaction; (xi) "This act" means W.S. 9-14-401 through 9-14-404.

Wyo. Stat. Ann. § 9-14-403 Prohibitions on data collection and use.

(a) No state governmental agency or local government, special district or other political subdivision or official, agent or employee of the state or other governmental entity or any other person, public or private, shall knowingly or willfully keep or cause to be kept any list, record or registry of privately owned firearms or any list, record or registry of the owners of those firearms created or maintained through the use of a firearms code. This subsection shall not apply to any financial institution that is not a merchant servicer or to any record maintained in the ordinary course of business of any financial institution or federal firearm licensee as required by 18 U.S.C. 922. (b) No merchant servicer shall require the usage of or assign a firearms code or other merchant category code to any merchant located in Wyoming that is a seller of firearms, firearm accessories or ammunition. (c) Nothing in this act shall be construed to prohibit or prevent accurate firearm record keeping for any firearm involved in a law enforcement investigation, or any firearm lawfully seized or collected pursuant to a law enforcement investigation.

Wyo. Stat. Ann. § 9-14-404 Civil actions.

(a) The attorney general may investigate alleged violations of this act and, upon finding a violation, shall provide written notice to any person or entity, public or private, believed to be in violation of this act. Upon receipt of written notice from the attorney general, the person or entity shall have thirty (30) days to cease the usage of a firearms, firearm accessories or ammunition merchant code for any Wyoming merchant. (b) If the person or entity fails to cease the usage of a firearms, firearm accessories or ammunition merchant code for any merchant located in Wyoming after the expiration of thirty (30) days from the receipt of the written notice by the attorney general's office, the attorney general may pursue an injunction against any person or entity, public or private, alleged to be in violation of this act. A court may order an injunction, in addition to any other relief, as the court may consider appropriate. (c) It shall not be a defense to a civil action filed under this act that information was disclosed to a federal government entity unless the disclosure or action is required by federal law or regulation.

Wyo. Stat. Ann. § 9-14-501 Short title.

This article shall be known and may be cited as the "Natural Resource Protection Act."

Wyo. Stat. Ann. § 9-14-502 Declaration of authority and policy.

(a) The Natural Resource Protection Act is enacted under the authority of the tenth amendment to the United States constitution and Wyoming's agreement with the United States that the state adopted when it joined the union under the United States constitution's system of dual sovereignty. (b) The legislature finds and declares: (i) The federal government shall comply with federal law when administering federal lands; (ii) The federal government arbitrarily restricting significant amounts of federal lands from public use is contrary to managing federal land under principles of multiple use and sustained yield; (iii) Any failure by the federal government to abide by the law undermines the rule of law that is vital to our system of government.

Wyo. Stat. Ann. § 9-14-503 Prohibiting the use of state resources for enforcement of federal regulations regarding federal land management.

(a) Upon a determination by the governor, with advice from the attorney general, that an executive order, final rule or regulation of the federal government does not comply with federal laws regarding federal land management and upon providing notice, this state and all political subdivisions of this state shall not use any personnel, funds appropriated by the legislature or any other source of funds that originate within the state of Wyoming to enforce or administer that federal executive order, final rule or regulation. The governor may make exceptions to the implementation of this subsection to preserve any valid primacy agreement with a federal agency if the governor believes the net effect of this exception is to reduce the adverse impact of federal regulations on this state. The governor shall not revoke a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful. (b) Nothing in this act shall limit or restrict a public officer, as defined by W.S. 6-5-101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.

Wyo. Stat. Ann. § 9-14-601 Central bank digital currency; prohibition; definitions.

(a) No state agency shall require payment in the form of a central bank digital currency for any government service, or for the payment of any taxes or fees. (b) No state agency shall use public funds to assist in any manner in the testing, adoption or implementation of a central bank digital currency. (c) As used in this article: (i) "Central bank digital currency" means a digital medium of exchange, token or monetary unit of account issued directly by the United States federal reserve system or any analogous federal agency; (ii) "State agency" means the state of Wyoming or any of its branches, agencies, departments, boards, instrumentalities or institutions.

Wyo. Stat. Ann. § 9-14-701 Compelled speech; civil action.

(a) The state and its political subdivisions shall not compel or require an employee to refer to another employee using that employee's preferred pronouns: (i) As a condition of continuing or commencing employment or contracting with the state or a political subdivision; (ii) As a condition of receiving a grant, loan, permit, contract, license or other benefit afforded by the state or a political subdivision; or (iii) Under threat of adverse action by the state or a political subdivision, including but not limited to an adverse employment action, exclusion, sanction or punishment. (b) Any person aggrieved by a violation of subsection (a) of this section may file a civil action in any court of competent jurisdiction against the state or any political subdivision, and its employees acting in their official capacities, responsible for the violation to seek injunctive or declaratory relief.

Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title09.pdfFetched: 10/4/2026