Wyoming’s State Building Commission adopted emergency rule changes Tuesday following the passage earlier this year of legislation regarding concealed carry of firearms in public buildings.

House Enrolled Act 24, titled “Wyoming Repeal Gun Free Zones Act,” will go into effect July 1. 

It repeals gun-free zones at public schools, community colleges, the University of Wyoming and in state-owned government buildings. 

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

However, state leaders are concerned that when the legislation becomes law in less than two weeks, it will conflict with existing state statute regarding firearms in public buildings. The emergency rule changes adopted Tuesday are intended to prevent legal conflict while giving the elected officials more time to select a permanent rule change.

Before the emergency rule change, only peace officers — including security personnel — were allowed to engage in permitted concealed carry or constitutional carry in public-owned buildings. 

The change, made on Tuesday to avoid conflict with the recently passed legislation, now allows other individuals to carry in public-owned buildings.

Adoption of emergency rules can last up to 120 days. The SBC published the proposed rule changes to the SBC’s administrative rules in mid-May, and the public comment period on the changes won’t be completed before the new law goes into effect.

Secretary of State Chuck Gray, another member of the SBC, said this procedure is intended to “fill in the gap” for the time being while rules are changed through the normal process. When the normal rule changes are passed, it will supersede the emergency rules.

The full proposed rule changes can be viewed online at rules.wyo. gov, and public comment will close June 30. The SBC will likely discuss the permanent rule changes at its next meeting in July.

During Tuesday’s meeting, one attendee expressed concern with the proposed rule change that resulted in the governing body making one small change to the emergency rules.

Constant Marquer pointed out that the new legislation allows lawfully authorized people to carry firearms in public areas, which are defined as areas of public buildings accessible to members of the public — spaces like lobbies, courtyards, auditoriums or meeting rooms.

However, House Enrolled Act 24 authorizes one to legally carry a concealed weapon in various places, including any public building. Marquer’s concern is that there is no distinction between public areas and public buildings.

He said this may pose enforcement concerns for someone like a government employee who may be legally concealed carrying in a public building, but not a public area of that building. This could be a place like an office where members of the public are not authorized to go without permission.

Gordon thanked Marquer for taking time to speak with the SBC and flagging a potential conflict in the emergency rule change.

“I think you pointed out something that we should give some care and consideration to as to whether it meets the intent of the statute or not. And I think that’s exactly what public comment is about,” Gordon said.

Megan Degenfelder, Wyoming Superintendent of Public Instruction and a member of the SBC, moved to remove “public areas” from the line that allows individuals to engage in permitted concealed carry or constitutional carry in public-owned buildings. 

This motion was approved by the full SBC, which also includes State Auditor Kristi Racines and State Treasurer Curtis Meier.

The SBC will meet again on July 9 and will likely discuss a permanent rule change at that time.

“I think this has gotten a little bit convoluted. And I think on the regular (rule changes), maybe we look at just referring to the statute, but I’m certainly supportive of this, and I think it fixes a lot of the issues there,” Gray said after approving the update to the emergency rule change. “I still think there’s further clarity that could be provided as we move through the regular rulemaking process.”

The updates under the rule changes and the new legislation will not apply to public buildings leased by the state or another government entity, unless the lessor agrees to allow constitutional carry and permitted carry in the building.