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Maybe not laws, but there are two rules restricting open carry

A

apwhite

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We often state that there are absolutely zero laws regarding open carry in Wyoming. While true, there are two rules that restrict our right to carry within certain government facilities.

1) WY Administrative Code 006-041-006 http://soswy.state.wy.us/Rules/RULES/2735.pdf :
(a) No dangerous weapon may be carried in the State Capitol building or in any buildings under the jurisdiction of the SBC. The Capitol Security Police are authorized to request that any persons carrying a dangerous weapon in any State building relinquish the weapon. The weapon will be returned to the person when he/she leaves the State building, unless the Capitol Security Police determine that other law enforcement personnel should be involved. If a person carrying a dangerous weapon refuses to relinquish the weapon, he/she shall be denied access to the State Capitol building.
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2) "Self Adopted" Order Establishing Policy Regarding Weapons in the Wyoming Supreme Court (2008) http://www.courts.state.wy.us/WscWeaponsPolicy.pdf :
No dangerous weapon may be carried on the Wyoming Supreme Court's premises, except as provided by this order. Wyoming Supreme Court Security Officers and Wyoming Highway Patrol Troopers, when acting as Supreme Court Security Officers, are authorized to request that any persons carrying a dangerous weapon on the Supreme Court's premises relinquish the weapon. The weapon will be secured at the Court Security Office then returned to the person when he/she leaves the Supreme Court's premises, unless the Court Security Officer or Trooper to the weapon was relinquished determines that other law enforcement personnel should be involved. If the person carrying a dangerous weapon refuses to relinquish the weapon, he/she shall be denied access to the Supreme Court premises.
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How are these rules not clear violations of our Constitutionally projected right?
 
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Mjolnir

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Wyoming highway patrol provide capitol security not somebody called the Capitol Security Police so it appears the law is old and out dated.
 
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apwhite

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Well, the Supreme Court correctly identified whomever provides security and I'd bet that WHP would still look to enforce this "rule" at the Capitol Building.

My point was that we keep saying that Wyoming has no laws regarding open carry. Which is s not exactly true. Although these aren't laws, they might as well be. You can't be punished criminally, but they do restrict our rights in violation of the State Constitution.

Personally, I'm not really all that bent out of shape about it... of course, I have no business to conduct at the Capitol. I just think that it's important to be precise when we talk about legal matters. I wouldn't want some tourist we told about Wyoming's lack of laws sauntering into the State Capitol Building and getting "justifiably" harassed by the cops.
 
MatieA

MatieA

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The Count wrote:
Well, the Supreme Court correctly identified whomever provides security and I'd bet that WHP would still look to enforce this "rule" at the Capitol Building.

My point was that we keep saying that Wyoming has no laws regarding open carry. Which is s not exactly true. Although these aren't laws, they might as well be. You can't be punished criminally, but they do restrict our rights in violation of the State Constitution.

Personally, I'm not really all that bent out of shape about it... of course, I have no business to conduct at the Capitol. I just think that it's important to be precise when we talk about legal matters. I wouldn't want some tourist we told about Wyoming's lack of laws sauntering into the State Capitol Building and getting "justifiably" harassed by the cops.
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I carried into the Capitolto conduct some business before I knew of this rule. The Highway Patrolman that came to talk to me was super civil and even apologetic. He asked if I would like him to keep my weapon for me until I was done, or if I would prefer to secure it myself in my vehicle. I chose to put it in my vehicle. He stated this this is not a punishable offense, but more of a building rule ( I can't remember his exact wording). I now conduct my business with this office via email, snail mail,and faxes so that I do not have to disarm to conduct my business.
 
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aadvark

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Are Administrative Codes considered Laws?

If not..., then, are they not in Conflict with Wyoming Law, especially Wyoming Preemption Law 6-8-401.

Seems to me that Wyoming Law 6-8-104 governs Concealed Weapons within those two places: 1. 6-8-104(t)(iii) Prohibits Concealed Weapons in Courtrooms, and 2. 6-8-104(t)(v) Prohibits Concealed Weapons in The Legislature or any Committee thereof.

Therefore, although Concealed Carry is Illegal at those places, it seems to me that Open Carry at those two places would be just fine, and Legally Preempted as well.

Wyoming is a VERY Pro-Gun State, and I am surprised by this.
 
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aadvark

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Becuase it is a RIGHT, and it is good to know that there is atleast ONE STATE out there that reconizes it!

In my State, Georgia, if you did EITHER of those two things, even if you had that damn Georgia Firearms License..., you WILL GETa Misdemeanor Charge.
 
Kingfish

Kingfish

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aadvark wrote:
Becuase it is a RIGHT, and it is good to know that there is atleast ONE STATE out there that reconizes it!

In my State, Georgia, if you did EITHER of those two things, even if you had that damn Georgia Firearms License..., you WILL GETa Misdemeanor Charge.
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Even in the parking lot of either (an many more places.) Even on the way to those places.
 
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