Open carry issue still hotly debated

Pine Bluffs Post April 2, 2009
By Benjamin Cossel 

“It is not the position of the governing council that open carry is prohibited by town ordinances,” said Pine Bluffs Town attorney, Alex Davison.

Since the recent flair-up around the open carry issue, the town has found itself embroiled in a controversy pitted against a few citizens and members of gun ownership activist groups.

“That said,” Davison continued, “that does not mean we will not be reviewing our ordinances.”

On the other side of the coin is Anthony Bouchard of the Wyoming Gun Owners Association.

“We’re in a time where we need to hold all legislature’s feet to the fire on this issue, especially local municipalities,” said Bouchard.

The Wyoming Gun Owners Association has launched an active campaign to bring a change in the town’s ordinances resulting in a heated debate between Bouchard and members of the Pine Bluffs Town Council during the March 2 session of the governing body.

“I’ve been passionate, but not disrespectful,” said Bouchard. “Gun owners groups are defending the constitution and we have to meet force with force,” he said.

Davison said, in his opinion, the Wyoming State Legislature was very clear on the issue.

“There are specific statutory preemptions that apply to all municipalities,” said Davison. “By Wyoming Statute, municipalities are prohibited from making laws about open carry of the firearms,” said Davison, “the legislature was very specific about this.”

Davison was referring to Wyoming State Statute 6-8-401(a):

6-8-401. Firearm, weapon and ammunition regulation and prohibition by state.

“The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the state. Except as authorized by W.S. 15-1-103(a)(xviii), no city, town or county shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use or possession of firearms, weapons and ammunition except as specifically provided by this chapter.”

The section of Wyoming Statute 15-1-103(a)(xvii) deals with the control of riots or “any other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place.”

“The thought that we can’t open carry in town is just not true,” said Davison.