A Stand-off it is, in Wyoming.
SUNDANCE — All 23 of Wyoming’s sheriffs have registered alarm at the damage a bill under consideration by the Legislature could do to policing in this state. Though the Second Amendment Preservation Act (House Bill 124/Senate File 81) is intended to be pro-Second Amendment, says Crook County Sheriff Jeff Hodge, its implications are strongly anti-law enforcement.
“It’s not intended to be anti-law enforcement, but it is,” he says. “The intention was good but they need to talk to peace officers and prosecutors.”
If this legislation is passed, the sheriff says, it could turn an ordinary arrest into a career-ending decision for a peace officer. While it does little to protect the average citizen and removes a protection that peace officers rely on, he says it only provides protection for one particular group: criminals.
The intent of the Second Amendment Preservation Act is to prevent firearms from being confiscated by federal entities due to federal laws that may be passed in the future, and it does this by holding state law enforcement officers accountable. However, while the sheriffs may have no issue with this as a concept, they feel the wording is extremely flawed.
The first section of concern states that no person, including a peace officer, shall have the authority to enforce any federal law or ordinance that infringes on a person’s right to keep and bear arms. Anyone who knowingly violates this or knowingly deprives a resident of Wyoming of their Second Amendment rights shall be liable for this action.
The second concerning section states that anyone who does so shall be “permanently ineligible to serve as a law enforcement officer” and immediately terminated from their position. The bill removes “qualified immunity,” a legal principle by which an officer is immune from civil suits unless the plaintiff can show they violated statutory or constitutional rights a reasonable person would have known.
According to Hodge, Wyoming’s sheriffs were not consulted about this wording. Those involved in law enforcement on the ground could quickly have explained the problematic implications.
In a real-life situation where a crime has been committed, Hodge explains that a peace officer may seize a firearm, as evidence or to prevent further harm from being inflicted, for example. However, if the case becomes federal and the gun owner is ultimately not convicted of any crime and thus remains a law-abiding citizen, that decision would lead to the officer losing his job.
What a shame the cops weren’t “consulted.”
And the excuse is just rubbish. It simply requires that police arrest criminals guilty of violation of state laws, not federal firearms laws. In other words, state and local police cannot enforce federal firearms laws.
In my opinion this is still weak tea. They should be ordered to arrest agents of the federal government trying to enforce federal firearms laws, but that’s not in the bill.
It should be easy enough to seize the firearms of people guilty of murder, or kidnapping, or rape, or robbery, or violation of any state law, while also refraining from arrests of people guilty of having 14.5″ barrels with stocks on their guns.
This all comes down to one thing: the Sheriff departments want to enforce federal firearms laws. It’s that simple, and if you think not, explain in full detail how this assessment is wrong. Do your homework. You’ll be graded.