Prohibiting the implementation or enforcement of a red flag gun seizure, preempting local law, penalties

(a) For purposes of this act:

(i) "Red flag gun seizure" means a federal statute, rule, executive order, judicial order or judicial finding or any state statute, rule, executive order, judicial order or judicial finding that does any of the following:

(A) Prohibits a specific person from owning, possessing, transporting, transferring or receiving a firearm, ammunition or related accessories unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6-2-510(b)(ii) or 6-2-511(b)(ii), is a fugitive from justice under 7-3-213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7-3-508, 7-3- 509, 35-21-104, 35-21-105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25-10-110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23-6-208; or

(B) Orders the removal or requires the surrender of a firearm, ammunition or related accessories from a specific person unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6-2- 510(b)(ii) or 6-2-511(b)(ii), is a fugitive from justice under 7-3-213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7-3-508, 7-3-509, 35-21-104, 35-21-105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25-10-110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23-6-208.

(ii) "This act" means W.S. 9-14-301 through 9-14-303.

(b) The state of Wyoming, including any agency or any political subdivision in the state, shall be prohibited from implementing or enforcing any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming.

(c) This state and any agency or any political subdivision, including any law enforcement agency, in the state of Wyoming shall be prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming, any other source of funds that originated within the state of Wyoming or accepting any federal funds to implement any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming. Nothing in this section shall be construed to prohibit Wyoming officials from accepting aid from federal officials to enforce any Wyoming law not in conflict with this act.

(d) This act shall preempt any local law, ordinance or regulation regarding a red flag gun seizure order or any other law, ordinance or regulation that may conflict with any provision of this act.

(e) Nothing in this act shall be construed to prohibit or prevent a firearm, firearm accessory or ammunition from being seized as evidence or collected by law enforcement in the course of a lawful investigation.