Wyoming will put up a fight on gun control

Posted on January 13, 2013

1


If President Obama passes the sweeping gun control measures he has suggested, at least one state won’t be cooperative.

Wyoming lawmakers introduced a bill that forbids, in broad language, the federal government from restricting guns in the state–specifically by banning assault weapons or high-capacity magazines. Eight state representatives and two senators sponsored the bill in what they said was an “effort to take the Second Amendment seriously.”

Lawmakers added teeth to the bill: under it, any federal agent who tries to enforce gun control in the state will face jail time.

Is it Legal?

In a word…no. The Constitution’s supremacy clause makes it clear that whether a state law contradicts a federal law, the federal law has authority.

So if challenged in court, the legislation would fail. Unless Wyoming lawmakers convince the court that gun control is itself unconstitutional under the Second Amendment.

Besides that, the bill sends a message. Rep. Kendall Kroeker, Wyoming Republican, said it will tell the federal government “that your one size fits all solution doesn’t comport to what a vast majority of the state believes.”

Will it Pass?

Almost certainly. Mr. Kroeker, who introduced the bill, said it enjoys overwhelming support.

 

Advertisements
Posted in: Gun rights, Wyoming