HB0303 amends Wyoming’s Second Amendment Protection Act and related liability provisions to create a new civil remedy against governmental entities when a public officer or peace officer knowingly violates the Act while acting within the scope of employment. The bill expressly makes the governmental entity, state agency, local government, or law enforcement agency liable for damages to an injured party and authorizes a court to award injunctive relief, reasonable attorney fees and costs, and a civil penalty of up to $50,000 per violation. It also states that sovereign immunity is not an affirmative defense in actions brought under the new section.
The bill also makes conforming changes to definitions and to the Wyoming Governmental Claims Act, including clarifying that the Act’s immunity provisions do not bar the new cause of action. It expands the Second Amendment Protection Act’s reach by expressly including peace officers alongside public officers, and it preserves the ability of Wyoming governmental entities to accept federal law-enforcement funds and for public officers to assist federal authorities in ways not specifically prohibited by the Act. The bill takes effect July 1, 2025.
Impact
HB0303 would significantly increase legal exposure for Wyoming governmental entities and law-enforcement agencies by creating a direct civil cause of action for violations of the Second Amendment Protection Act and by limiting the availability of sovereign immunity as a defense. It would amend the Wyoming Governmental Claims Act and related statutes to align immunity rules with the new enforcement mechanism, while also broadening the Act’s application to peace officers. Affected parties include state agencies, local governments, law-enforcement agencies, public officers, peace officers, and individuals alleging injury from a violation.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to gauge legislative sentiment. Based on the bill text, the measure appears strongly protective of gun rights and enforcement against governmental actors, suggesting support from sponsors focused on constitutional-rights enforcement. At the same time, the bill’s creation of damages, penalties, and attorney-fee exposure indicates it is likely to draw concern from government and law-enforcement stakeholders.
Contention
The main points of contention are likely to be the bill’s waiver-like treatment of sovereign immunity, the creation of a private civil remedy with attorney fees and a substantial per-violation penalty, and the inclusion of peace officers within the enforcement scheme. Supporters are likely to emphasize stronger protection for Second Amendment rights and accountability for government violations, while opponents may argue that the bill invites litigation, increases costs for public entities, and could complicate law-enforcement operations or cooperation with federal authorities. The explicit preservation of federal-funds acceptance and limited federal assistance may also be scrutinized as an attempt to balance enforcement with practical law-enforcement needs.