Committee adds misdemeanor penalty and civil remedy language to red-flag seizure law

House Bill 98, which would add a misdemeanor criminal penalty and clarify civil remedies to Wyoming''s red-flag gun-seizure statute, moved out of the House Revenue Committee on Feb. 12 after lawmakers and witnesses debated whether the change duplicates existing civil-commitment processes.

Representative Harrison, the bill''s presenter, told the committee the bill would insert a new subsection providing that a person who knowingly violates provisions of the red-flag seizure act would be guilty of a misdemeanor punishable by up to a year in jail, a fine up to $2,000, or both, and that the civil and criminal mechanisms would be available to address violations. He cited statutes 9-14-302 and 9-14-303 when explaining the bill''s scope.

Supporters during public testimony said the changes would close gaps and provide victims a remedy. "If someone's rights, constitutional rights, are infringed upon, they have the right to have that made right," Representative Harrison said in committee discussion. Brian Goss, an attorney and registered lobbyist for the National Rifle Association, supported the bill but urged reliance on existing Title 25 involuntary-commitment statutes for cases involving dangerousness and cautioned against unnecessary duplication.

Mark Jones of Gun Owners of America told the committee the bill "cleans everything up" by making explicit what some prosecutors already pursue: both criminal and civil liability for unlawful red-flag enforcement. Mark Moody, a Cheyenne City Council member speaking for himself, also endorsed adding criminal penalties and said the state should demonstrate that it protects citizens against improper red-flag seizures.

After testimony, Representative Lean moved and Representative Brown seconded the bill. The committee approved HB 98 on a roll-call vote, recorded as eight "aye" votes with one member excused.

What happens next: HB 98 will proceed from committee to the House calendar. The statute changes would take effect as indicated in the bill text unless amended later in the legislative process.

Quote: "We want the mechanisms in place to take care of a bad actor," Representative Harrison said, arguing the measure strikes a balance between protecting rights and holding law enforcement accountable.

Ending: The committee advanced HB 98 with bipartisan support; proponents emphasized remedies for alleged unlawful seizures while witnesses urged careful alignment with existing involuntary-commitment law.