Wyoming § 9-14-303 Civil actions permitted, remedies

Wyoming Statutes

§ 9-14-303 — Civil actions permitted, remedies

Wyoming § 9-14-303

Title 09Administration of the Government

Ch. 14PROTECTION OF CONSTITUTIONAL RIGHTS

Art. 3PROHIBIT RED FLAG GUN SEIZURE ACT

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Bluebook

Wyo. Stat. Ann. § 9-14-303 (2026).

Text

(a)Any agency of the state, political subdivision or law enforcement agency that employs any public officer or peace officer, as defined in W.S. 7-2-101(a)(iv), who knowingly violates any provision of this act and enforces a red flag gun seizure against any resident of the state of Wyoming while acting within the scope of their employment shall be liable to the injured party for damages resulting from the public officer's or peace officer's conduct in a civil action before the district court in which county the red flag gun seizure was enforced. The court, upon a finding of a violation of this act, may impose a civil penalty against the agency or political subdivision in an amount not to exceed fifty thousand dollars ($50,000.00) per violation and may order any injunctive or other equitab

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(a) Any agency of the state, political subdivision or law
enforcement agency that employs any public officer or peace
officer, as defined in W.S. 7-2-101(a)(iv), who knowingly
violates any provision of this act and enforces a red flag gun
seizure against any resident of the state of Wyoming while
acting within the scope of their employment shall be liable to
the injured party for damages resulting from the public
officer's or peace officer's conduct in a civil action before
the district court in which county the red flag gun seizure was
enforced. The court, upon a finding of a violation of this act,
may impose a civil penalty against the agency or political
subdivision in an amount not to exceed fifty thousand dollars
($50,000.00) per violation and may order any injunctive or other
equitable relief as permitted by law. The court shall hold a
hearing on a motion for injunctive or equitable relief of a red
flag gun seizure within thirty (30) days of service of the
petition.
(b) An interested party may bring a civil action to
enforce the provisions of this act. The district court may order
injunctive or other equitable relief, recovery of damages or
other legal remedies permitted by law and payment of reasonable
attorney fees.
(c) In any action brought under subsection (b) of this
section, the court may award the prevailing party, other than
the state of Wyoming or any political subdivision of the state,
reasonable attorney fees. Sovereign immunity shall not be an
affirmative defense in any action pursuant to this section.