Wyoming Lawmakers Fail to Override Governor’s Veto of SAPA Amendments

Wyoming Gov. Mark Gordon’s veto of a bill making changes to the state’s Second Amendment Preservation Act will stand after a vote in the state Senate failed to secure a veto-proof majority this week. 

The Second Amendment Preservation Act has been in place since 2022, and its current language prohibits state and local law enforcement from using state funds to enforce “unconstitutional” federal gun laws, with law enforcement officers facing the possibility of a misdemeanor charge if they ignore the statute. 

SF 101 would have amended the SAPA law in several respects, including the addition of a potential fine of $50,000 for every violation of the law. Though the bill covered virtually every law enforcement officer and agency in the state, it oddly also included language that specifically noted law enforcement agencies who employ anyone who had ever previously enforced federal gun laws would also be subject to that fine if that employee violated SAPA’s edicts. 

The bill was opposed by every county sheriff, as well as by Gordon, who vetoed similar legislation last year. In this year’s veto message the governor suggested that the proposed language could hinder police from working with ICE and other federal agencies on immigration enforcement, drug trafficking, and other crimes where federal gun control laws might come into play. In fact, ICE Acting Director Todd Lyons sent a letter to Gordon warning of potential consequences, noting there are many federal laws that don’t have counterparts in Wyoming statute and would therefore be off limits to any kind of partnership or inter-agency task force involving state and local police and sheriffs.

For example, Wyoming has no standalone straw-purchasing statute, making federal prosecution essential in many of these cases. Under HB 130, however, these officers may not support in any way investigations involving the purchase of a firearm on behalf of a prohibited person or trafficking network. These criminal cases frequently involve terrorist cartel-linked gun trafficking or weapons being routed through multiple states to Mexico or Canada. With the passing of this bill and the protections it will provide criminals, Wyoming may very well become a magnet for straw-purchasing crimes.

Despite those concerns, SF 101 sailed through the legislature with broad majorities. 

Those who supported SF 101, including Second Amendment advocacy groups like Wyoming Gun Owners and Gun Owners of America, argued the measure would protect citizens against a too-powerful federal government. They pointed to carveouts in the bill that they said would allow Wyoming law enforcement officers to work with federal partners to address crime, even when firearms are potentially involved. 

While SF 101 passed the Senate 26-5, the veto override failed to get even a simple majority. Just 12 senators voted in favor of the override, while 18 voted to sustain Gordon’s veto. I’m not aware of any senators who’ve detailed why they changed their vote, but it’s pretty striking that the bill lost more than half of its supporters when it came to an override. 

The underlying SAPA law remains in place, though there’s no evidence that it has ever been used since it came into effect in 2022. Lawmakers and 2A organizations may try to revive the amendments next session, but unless they’ve got the votes to override the governor’s veto I’d say it’s a waste of time and energy. If Wyoming lawmakers want to push the Overton Window on Second Amendment issues, introducing GOA’s bill to legalize machine gun sales by the state might be a better way to go.