After allowing a bill repealing many of the state's "gun-free zones" to take effect without his signature earlier this session, Gov. Mark Gordon has whipped out his veto pen and killed another measure aimed at protecting the Second Amendment rights of Wyoming residents.
SF 196 offered several additions to the state's Second Amendment Preservation Act, which Gordon signed into law in 2022. Though the governor was on board with the original bill, Gordon had issues with several of the amendments proposed by lawmakers this session.
“I think it went too far,” Gordon said.
He said the bill would have harmed law enforcement agencies’ ability to assist a federal task force or enforce any federal laws — including human or drug trafficking and immigration enforcement — as well as preventing any governmental entity from hiring an individual who has enforced federal gun laws.
Law enforcement officers and officials agreed.
Wyoming Highway Patrol Administrator Col. Tim Cameron said WHP had expressed its concerns about Senate File 196 during the legislative session.
“Specifically, what we felt was the impingement to our ability to do our jobs and keep Wyoming safe. Specifically, not allowing us to participate in federal task forces, limiting or eliminating our ability to participate with Bureau of Indian Affairs on our reservations and finally, our ability to hire anyone after July 1 that participated in the enforcement of federal gun laws,” Cameron said.
Many Wyoming police departments are struggling to fill vacant positions and the bill would have taken quality candidates out of the potential hiring pool.
“There are a number of small agencies throughout the state of Wyoming and I don’t think it’s a secret that many of us are struggling with hiring,” Glenrock Police Department Chief Colter Felton said. “Quality candidates are becoming harder and harder to come by and I think that, as written, this bill would further hinder us from filling our ranks.”
Did SF 196 really prohibit law enforcement from taking part in federal task forces? It doesn't appear that's the case. The relevant text of SF 196 states:
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 or any federal funds or other source of funds solely to enforce, attempt to enforce, provide material aid, support or participate in any manner in the enforcement or implementation of any act, law, treaty, executive order, rule or regulation of the United States government solely regarding firearms, accessories or ammunition against any law abiding citizen.
That means that local and state law enforcement would still be able to take part in federal task forces that may uncover violations of federal gun laws, but they'd be prohibited from cooperating with the feds in investigations based solely on alleged violations of those federal statutes. And honestly, the bill's language provides an even bigger loophole for law enforcement by allowing them to participate in those investigations against non-law abiding citizens.
The real issue seems to be with the language prohibiting local and state law enforcement agencies from hiring anyone who's previously participated in the enforcement of federal gun laws. Even if you like the idea of barring former ATF, DEA, or FBI agents from working as a cop in Cheyenne or Cody, the bill made no allowances for those who may have changed their own position on federal statutes or who serves as whistleblowers against ATF abuses. It's a one-size-fits-all policy, and as we've seen with measures like gun storage laws, those are often problematic in practice.
Though the bill passed the House with an overwhelming vote of 54-4 (with four abstentions) and a unanimous vote of 31-0 in the Senate, well above the threshold needed to override Gordon's objections, SF 196 appears to be dead for the year since the legislature adjourned two weeks ago.
The Legislature did not shy away from overrides this session, choosing to overrule five of Gordon’s vetoes. But lawmakers must be in session to override a veto, so once the two chambers adjourn sine die, the governor’s red pen becomes that much mightier.
Speaker of the House Chip Neiman, R-Hulett, and Senate President Bo Biteman, R-Ranchester, announced they would keep with the schedule in a joint statement Thursday afternoon.
“Unfortunately, the Governor is working through a significant amount of legislation, and timing may result in SF 196 not passing this year. The good news is that President Donald Trump won the 2024 election, and the threat from the Federal Government is small for now,” the two leaders wrote.
The joint message signaled a moment of unity after a session sometimes characterized by strife and finger pointing between the two chambers.
“Both the House and the Senate are committed to adopting SF 196 exactly as passed this year,” they wrote. If the governor vetoes the bill, “as is his prerogative,” the two lawmakers promised to immediately take up the issue again in 2026.
“We will thoughtfully consider any concerns that the Governor brings to our attention and will work with him to get good policy passed in Wyoming,” they wrote.
Some of Gordon's stated concerns are unfounded, but we'll see if next year's bill offers any on-ramp to employment for law enforcement officers who may have enforced federal gun laws in their past. I think that particular provision could be scrapped without doing damage to the intent behind the revisions to the Second Amendment Preservation Act, which is meant to curb future abuses of our Second Amendment rights, and would go a long way towards making the remaining provisions the law of the land in the Cowboy State.
