Members of the Wyoming Legislature are seeking to enact legislation that would nullify unconstitutional any federal “red flag” firearm confiscation laws or orders.
Senate File No. SF0109 (SF 109), titled the “Prohibit Red Flag Gun Seizure Act,” is sponsored by Senator Bo Biteman (R-Ranchester) and cosponsored by seven senators and five representatives. If enacted, this bill would nullify any federal “red flag” laws or orders.
On March 22, 2024, Governor Mark Gordon signed SF 109 into law.
The proposed bill text states, in part:
(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. …
(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.
If enacted, SF 109 would be a good first step toward nullifying unconstitutional federal actions and preventing Americans’ liberties from being infringed. Additionally, it is a good application of Article VI of the U.S. Constitution, which states “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.”
Since the various forms of infringement outlined in these bills violate the U.S. Constitution, they cannot be considered “made in Pursuance thereof” and, thus, are not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.
Because of this, it is imperative that officials at all levels of government push back against this lawless regime and robustly enforce the Constitution and only those laws “made in Pursuance thereof.” The above bills are excellent models for other states to follow.
Urge your state representative to support SF 109, and to push back against all other unconstitutional gun control laws or measures at every level of government.
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