Self-defense provision restored ("Wyoming needs such a 'castle doctrine' bill")

The Billings Gazette ^ | 2/22/2008 | NA

[neverdem]

Associated Press

CHEYENNE - The House restored a critical provision to a self-defense bill Thursday, specifying that citizens have no duty to retreat before using deadly force.

The House Judiciary Committee on Tuesday had stripped the "no-retreat" language from the bill. But a motion to restore the language from sponsor Rep. Lorraine Quarberg, R-Thermopolis, passed Thursday in the House by a vote of 29-22.

The House then gave preliminary approval to the entire bill, House Bill 137. It needs to pass twice more in the House before heading to the Senate.

Quarberg and other supporters have said that Wyoming needs such a "castle doctrine" bill to spell out that citizens have the right to self-defense. They say the principle goes back to the English common-law saying that "a man's home is his castle."

The National Rifle Association has made passage of such legislation a priority nationwide. The group said last week that 20 states have passed such legislation and that it's pending in five more, including Wyoming.

As it stands, Quarberg's bill would specify that no one who uses deadly force against an intruder in a home could be found liable for civil damages.

The Judiciary Committee removed provisions that would have barred people from being prosecuted in criminal court for killing intruders in homes or other buildings.

The provision restored Thursday states that any person who is attacked anywhere has the right to use deadly force to protect themselves or another person, or to prevent the commission of a violent felony.

Several lawyers in the House urged defeat of Quarberg's bill. They said that Wyoming court rulings dating to the beginning of statehood have been clear that people have a right to self-defense. They warned that tinkering with established law could result in unintended consequences.

Rep. Kermit Brown, R-Laramie, one of those lawyers, said current state law requires people to retreat, rather than kill an adversary, if there's a way to do so without increasing their peril. He urged the House to uphold the Judiciary Committee action cutting the no-retreat language "and get rid of this nonsense."

Rep. Tom Lubnau, R-Gillette, was among the lawyers who spoke against the bill. He said the state Supreme Court has ruled that anyone who enters another person's home to assault them is "taking his life into his own hands."

"I don't think the bill does anything better than what currently exists," Lubnau said of Quarberg's bill.

But Rep. Keith Gingery, R-Jackson, a criminal prosecutor, urged the House to pass the bill. He noted it that took Lubnau a while to explain the history of the state's case law. He said that illustrated why the state needs to spell out self-defense law clearly in statutes, so everyone can find it.

Quarberg said restoring the language that citizens have no duty to retreat was important to the bill. She said she couldn't remember a time in American history "where if we were attacked, that we had a duty to retreat, that we would not defend ourselves."

Rep. Allen Jaggi, R-Lyman, said he disagreed that passing the bill would lead to more violence in the state.

"Outside your home, in the mall, on the streets, wherever you may be, you have the right to protect yourself and others," Jaggi said.

"I think in Wyoming, we are common-sense folks," Jaggi said. "And this is made to make us safer and let us help each other."

[GOP_Raider]

I still remember the bumper stickers back when I lived out there that read “Wyoming Is What America Was”.

At least there’s one state that gets it.

[wastedyears]

I would imagine there’s rarely, if ever any time to retreat.

[chaos_5]

Rep. Kermit Brown, R-Laramie, one of those lawyers, said current state law requires people to retreat, rather than kill an adversary, if there's a way to do so without increasing their peril.

The law says you have to run away! Screw the law, stand and fight. Stupid laws make me sick, mad as hell sick!

[Stoat]

 

As it stands, Quarberg's bill would specify that no one who uses deadly force against an intruder in a home could be found liable for civil damages.

It seems to me that this lady is worthy of an enthusiastic THANK YOU! email at the very least  :-)

HOUSE DISTRICT 28 MEMBER - Lorraine Quarberg

Representative Lorraine Quarberg (Republican) P.O. Box 1365 Thermopolis, WY 82443 (307) 864-2221 Email Address  lquarberg@wyoming.com   Member:  Corporations, Elections & Political Subdivisions Committee Minerals, Business and Economic Development Select Water Committee

House District #28

Biography:
	Place of Birth:	Cheyenne, Wyoming
	Education:	St. Mary's High School University of Wyoming Central Wyoming College
	Occupation:	Economic Development
	Religion:	Catholic
Family -	Spouse:	DeLoyd
	Children:	2
	Grandchildren:	4
Elected to Wyoming Legislature -	House:	2005
Civic Organizations & Associations -	Thermopolis Rotary Club
	Thermopolis - Hot Springs Chamber of Commerce
	Basin Chamber of Commerce
	Hot Springs County Farm Bureau
	Hot Springs County Cow Belles
	American Legion Auxiliary

[ASOC]

Nevada passed such a law many, many years ago (1985) - only it was the “The Make My Day Law”.

The most important part of the law IMO, was the statutory immunity from ALL lawsuit or prosecution. Break into a home = death. Period No lawsuits from 'greaving widows, no malicious DA getting his/her digs in, etc, etc.

The libs screamed like the dickens, but the law passed. Home invasion robbery/burglary dropped to almost zero overnight. Crime stats that put Las Vegas at the top of the heap (crime per 1000 households - yikes) fell off sharply. Now, if they would start passing open season laws on gangbangers....

[VeniVidiVici]

There is actually a guy in Wyoming named ‘Kermit Brown’?

[Stoat]

There is actually a guy in Wyoming named ‘Kermit Brown’?

HOUSE DISTRICT 14 MEMBER - Kermit C. Brown

[CowboyConservative]

Good post being I’m from Wyoming and still call it home. We needed this bad, we have had far to any Democrats in office here and it was getting real hard to defend yourself and this will fix that. Another piece of legislation that is working it’s way through also is a bill to make it impossible to have our firearms confiscated during a disaster as in what happened to the people of New Orleans after Katrina. The Wyoming house has passed HB0057 The Emergency Protection Act and now it moves to the Senate.

Here in the Great State of Wyoming people still have elected officials who indeed try to preserve our rights now if we could get the rest of the states to do the same.

[neverdem]

BANG!

[CowboyConservative]

Still is!

[NewJerseyJoe]

Way to go, Cowboy State! Refreshing to see common sense and constitutionalism prevail!

[combat_boots]

I like this law.

[NaughtiusMaximus]

I like Wyoming. It’s my favorite. It’s true, Wyoming is what America was in a better, richer time.

[snowsislander]

The National Rifle Association has made passage of such legislation a priority nationwide. The group said last week that 20 states have passed such legislation and that it's pending in five more, including Wyoming.

The NRA has done a brilliant job with these "Stand Your Ground" laws.

[2harddrive]

Another good name is the “Walking Tall” law!