Council discusses rules for discharging guns in town

A Pine Haven resident recently called Clerk/Treasurer Tammie McGovern to ask if they are allowed to discharge firearms within town limits without explanation, leading to questions of law and enforcement.

With no town ordinance in place covering said situation, McGovern contacted the Crook County Sheriff’s Department.

“We were told by Ed Robinson that there is no Wyoming State statute and no county ordinance; unless the town itself has an ordinance and I looked through state statutes and I couldn’t find anything [either],” she said.

Mayor Karla Brandenburg introduced the matter to sheriff’s deputy Cody Lenz at last week’s meeting of council, saying, “That seems weird to me…Within city limits, you shouldn’t be able to discharge a gun.”

The deputy explained that, though there are no specific state laws prohibiting the discharge of firearms in town, “What we would usually go under would be reckless endangerment – a person is guilty of reckless endangering if he or she engages in conduct which places another person in danger, death or serious bodily injury. Statute 6-2-504-a.”

Lenz cautioned, though, “That’s up for interpretation as to who thinks they’re recklessly endangered, if they’re clear across town and they just hear it versus being the next-door neighbor. Probably, to do something that was enforceable, it would probably be best through your city ordinance.”

However, he went on to say, “Basically, we operate under state statute. If it’s not state statute, we can’t really enforce it.”

“An ordinance isn’t any good if we can’t enforce them,” the mayor said. She asked town attorney Pat Carpenter if the sheriff’s department was able to enforce municipal law,

Carpenter said that covering municipal law would have to be contractual. Currently, Pine Haven has an agreement with the department to patrol streets, etc. and the document is to be reevaluated in the new year; with more discussion on both sides, the council will better know if enforcing such a municipal law is possible at that time.

Right now, discharging firearms in town still falls under Wyoming statute as possible endangerment.