WHEREAS, the Second Amendment of the United States Constitution reads “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.”; and
WHEREAS, the United States Supreme Court, in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home; and
WHEREAS the United States Supreme Court, in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states; and
WHEREAS the United States Supreme Court, in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and
WHEREAS Article 17, Section 1, of the Constitution of the State of Wyoming reads "The militia of the state shall consist of all able-bodied qualified residents of the state, and those nonresidents who are accepted into service, between the ages of seventeen (17) and seventy (70) years; except those exempted by the law of the United States or of the state. But all residents having scruples of conscience averse to bearing arms shall be excused there from upon conditions as shall be prescribed by law.”; and
WHEREAS Article I, section 24, of the constitution of the State of Wyoming reads "The right of citizens to bear arms in defense of themselves and of the state shall not be denied"; and
WHEREAS certain legislation that has or may be introduced in the Wyoming legislature, and certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law-abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 24 of the Constitution of Wyoming; and
WHEREAS the State of Wyoming is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of Wyoming to keep and bear arms; and
WHEREAS the Wyoming Republican Party wishes that the Wyoming State Legislature express its deep commitment to the rights of all citizens of Wyoming to keep and bear arms; and
WHEREAS the Wyoming Republican Party wishes to express opposition to any law, or any bylaw, policy, rule, presidential executive order, or regulation developed by any publicly funded institution, that would unconstitutionally restrict the rights of the citizens of Wyoming to keep and bear arms; and
WHEREAS the Wyoming Republican Party wishes the Wyoming Legislature to express its intent to stand as a Sanctuary State for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Constitution of the State of Wyoming, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Wyoming to keep and bear arms, including through legal
action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of Any County to refrain from enforcing any unconstitutional law.
THEREFORE, BE IT RESOLVED,
•That the Wyoming legislature declares the sovereign state of Wyoming, as a "Second Amendment Sanctuary”, and
•That the Wyoming legislature expresses its intent to uphold the Second Amendment rights of the citizens of Wyoming, and
•That the Wyoming legislature expresses its intent that the use of public funds of the state be prohibited to restrict the Second Amendment rights of the citizens of the state of Wyoming, or to aid federal or state agencies in the restriction of said rights, and
•That the Wyoming legislature declares its intent to oppose any infringement on the right of citizens to keep and bear arms using such legal means as may be expedient, including, without limitation, court action.
Passed:
Wyoming Republican Party, 21 May 15 SCC
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