Wyoming lawmakers push 'no retreat'
Bills seek to ease rules on concealed guns, deadly force
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Email this story | Print By Ben Neary, Associated Press
December 29, 2005
CHEYENNE - Wyoming could ease legal restrictions on the use of deadly force and allow more residents to carry concealed weapons under measures some lawmakers are pushing in the coming legislative session.
Reps. Stephen Watt, R-Rock Springs, and Mick Powers, R-Lyman, are sponsoring a measure that would put Wyoming in the ranks of "no-retreat" states.
In addition to specifying that Wyoming residents have no duty to try to escape before using deadly force against an assailant, the bill also would specify that people have a right to assume that anyone breaking into their home poses a deadly threat.
Watt said he's sponsoring the measure because he believes people have a fundamental right to protect themselves.
"Right now, it's very subjective to a county attorney's whims," Watt said of state law.
Eric Johnson, assistant professor at the University of Wyoming College of Law, also serves as faculty director of the university's prosecution assistance program - a clinic where law students provide assistance to prosecutors - and he sees problems with the "no retreat" proposal.
"It's not that I want people to have to walk away with their tails between their legs," Johnson said. "It's a concern that this could be misused by people who are clearly culpable, to create reasonable doubt in a case in which they're clearly at fault."
Mike Krampner, a Casper criminal defense lawyer, said it's a fact that most break-ins are committed by people intent only on stealing property.
"There is a respectable school of thought that the human life, no matter how depraved, is worth more than any amount of property, and that we ought not to encourage summary execution for attempted theft," Krampner said.
Andrew Arulanandam, director of public affairs for the National Rifle Association in Fairfax, Va., said a number of states are considering "no retreat" legislation this year. The NRA scored a major victory over gun-control forces early this year when Florida Gov. Jeb Bush signed a "no retreat" bill into law.
"The reasoning behind this law is just because someone is outside their home, in a public place, doesn't mean they're immune from crime," Arulanandam said.
On the concealed-carry issue, Rep. Becket Hinckley, R-Cheyenne, says he plans to sponsor a measure that would allow residents to carry concealed handguns without going through the current state application process.
The state currently limits concealed-carry licenses to those who go through an application process intended to screen out felons and others barred from owning guns.
Hinckley, who also is a prosecutor, said his bill wouldn't do away with the current permit system for people who want valid state permits that would allow them to carry guns in other states.
His similar measure early this year ailed to pass after attracting opposition from police organizations and some prosecutors.