By Carrie Haderlie
Wyoming Tribune Eagle
Via- Wyoming News Exchange

CHEYENNE — Officials are getting closer to approving streamlined rules allowing members of the public to carry concealed firearms in state-owned public buildings.

In late February, after nearly a decade of trying to pass legislation to repeal the state’s gun-free zones, lawmakers passed Enrolled Act 24, “Wyoming Repeal Gun Free Zones Act.” The new law, which will go into effect on July 1, repeals gun-free zones at public schools, community colleges, the University of Wyoming and state-owned government buildings. 

Gov. Mark Gordon let the new law go into effect without his signature, calling it a “legislative power grab.”

The State Building Commission must promulgate rules around firearms in public buildings to match state statute, and in early April, it had a wide-ranging discussion on amending rules that covered not only firearms, but also public demonstrations at the Capitol. 

On Thursday, leaders shifted to a more targeted approach.

“Our direction was simply to reflect as simply as possible the legislation that passed” repealing Wyoming’s gun-free zones, State Superintendent of Public Instruction Megan Degenfelder told her colleagues on the SBC of the latest rule draft.

“There is nothing in the rules that covers those other things discussed, as pertaining to surety bonds or public gatherings,” Degenfelder said. “We simply looked at how we include the codified language into our rules.”

The commission, which includes Degenfelder, Gordon, Secretary of State Chuck Gray, State Auditor Kristi Racines and State Treasurer Curt Meier, must pass rules to govern firearm carry provisions in the public spaces, implementing the new state law, before the new state statutes become effective July 1.

“I think (the rules) do an excellent job following the enrolled act,” Sen. Ogden Driskill, R-Devils Tower, told the commission Thursday via Zoom. 

In January, the executive branch adopted similar amended rules that applied only to the Capitol and the Capitol Complex in Cheyenne. The new rules will apply to all buildings owned by the state of Wyoming.

“These rules will apply much more broadly,” Racines said Thursday.

The rules will not apply to facilities exempted under statute, or buildings the state leases under general services’ leasing authority. It also excludes spaces in publicly owned buildings that are subject to a lease to a private party.

Rules must be in place by July, and while the board discussed embarking on an emergency rulemaking process to meet that timeline, only Gray advocated for an expedited process. Instead, the commission voted to start the regular rulemaking with an additional meeting planned for June, if necessary, to meet the July deadline.

“Today, I do not believe we meet the threshold to pass emergency rules,” Racines said.

Gray referenced what he called a “fear of firearms” in “letters from the governor’s office” and said that he would prefer to start the emergency rulemaking process immediately.

“I am a little bit concerned, because we do have a bill that is going into effect as the law of the land on July 1,” Gray said. “I think it would be better to start this process now.”

Gordon responded that, “From my standpoint, we have carry here (in the Capitol), and it is great we are going to expand that.”

“I want to assure people there is no attempt to try to roll back or walk away from what we have here,” he said.

 

Leases and insurance rates

Leaders discussed how to handle facilities that are privately owned but leased by state agencies and whether the new rules should stipulate that lease negotiations prioritize carrying of firearms.

“When you have a lease, what is (the Wyoming Department of Administration and Information) going to do to try and negotiate carry into the buildings?” Gray asked. “I think that A& I should be asked as a default, as a first method, to try to negotiate that.”

Racines responded that lease negotiations could be handled under A& I leasing rules, rather than proposed SBC rule changes. Acknowledging private property rights, the commissioners discussed the possibility that building owners who enter into state leases may not want to allow firearms into their facilities, because such a practice could mean rising insurance costs.

Gray argued the new law will actually make those facilities safer.

“Removing these gun-free zones and allowing for carry protects these areas,” he said. “I still see a lot of (people) struggling with this concept, but it should lower our liability.

“This increases safety, and while it might not fit this CNN-style worldview that schools across our country have tried to build, the research shows that this increases safety,” Gray said. “If it did increase insurance rates, I think that is something A& I would need to move forward to the insurance commissioner because I think it would be consistent with predatory behavior.”