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Wyoming2006Inactive

HB0046

Wyoming Duty to Retreat Bill (HB0046)

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This bill proposes legal protections for people using force in self-defense, removes the requirement to retreat in certain situations, and provides financial compensation for those found to have acted lawfully.

What it does

  • Provides immunity from criminal prosecution and civil lawsuits for people who use force as permitted by the law.
  • Creates a presumption that a person reasonably feared death or serious injury when using defensive force against someone unlawfully entering an occupied structure.
  • States that a person not engaged in unlawful activity has no duty to retreat and may stand their ground if attacked in a place where they have a right to be.
  • Requires courts to award attorney's fees, court costs, and compensation for lost income to defendants who are found immune from prosecution.
  • Amends reckless endangering laws to allow pointing a firearm if reasonably necessary for defense or as provided in the new self-defense sections.
  • Sets an effective date of July 1, 2006, for the changes in this act.

Who it affects

  • Individuals who use physical or deadly force in self-defense or to protect property.
  • Law enforcement agencies investigating the use of force.
  • Courts handling civil actions or criminal prosecutions related to the use of force.
  • Peace officers acting in the performance of their official duties.

Limits and unknowns

  • The bill does not apply if the person using force is engaged in unlawful activity or is using the property to further an unlawful act.
  • The presumption of reasonable fear does not apply if the person entering the structure has a legal right to be there, such as an owner or someone with a court order allowing entry.
  • The bill was returned by the committee and marked inactive, meaning it did not pass into law during that session.

Plain language

Terms to know

Immunity
Legal protection that prevents a person from being arrested, charged, or sued for actions that are justified by law.
Duty to retreat
A legal rule that requires a person to try to escape or move away from a threat before using force; this bill removes that requirement for people in places they have a right to be.
Occupied structure
A building or place where people live or are present, such as a home or apartment.
Probable cause
A reasonable belief, based on facts, that a crime has been committed or that a person is guilty of a crime.

Official record

Sources

Source checked
Official bill pageIntroduced textOfficial digestCurrent bill text

Public statements

Why lawmakers voted

Last checked Aug 8, 8:08 PM

Voted Yes

Why they voted this way

The lawmaker argues that recent events like Hurricane Katrina demonstrate a need to ensure citizens can defend their homes, lives, and property.

Public statementFloor statement at 1:26:11 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

2 roll calls

H Committee Returned Bill Pursuant to HR 4-3(b) 3-6-0-0-02006-03-11 · House3 yes 6 no
Yes
3
No
6
Absent
0
Excused
0
Conflict
0

Yes 3

Monte OlsenH22Stephen D WattH17Tom Lubnau IIH31

No 6

Ann RobinsonH58Deborah AldenH03Edward BuchananH04George BagbyH15Jack D Landon Jr.H30Kevin A WhiteH45
H Introduced and Referred to H01; No Report Prior to CoW Cutoff 57-1-2-0-02006-02-14 · House57 yes 1 no
Yes
57
No
1
Absent
0
Excused
2
Conflict
0

Yes 57

Alan C JonesH25Ann RobinsonH58Becket HinckleyH41Bill ThompsonH60Bruce BarnardH49Colin SimpsonH24David R EdwardsH06David R MillerH55Debbie HammonsH27Deborah AldenH03Del McOmieH54Douglas OsbornH40Doug SamuelsonH07Edward BuchananH04Elaine HarveyH26Erin E Mrs. MercerH53EsquibelFrank PhilpH34George BagbyH15Gerald GayH36Jack D Landon Jr.H30James C HagemanH05Jane WarrenH13Jerry IekelH29John HastertH39Kathleen DavisonH20Keith M GingeryH23Kermit C BrownH14Kevin A WhiteH45Kurt BucholzH47Larry MeuliH08Layton D MorganH12Lorraine K QuarbergH28Mark SemlekH01Marty A MartinH48Mary GilmoreH59Mick PowersH18Monte OlsenH22Owen PetersenH19Pat ChildersH50Pete JorgensenH16Peter S IllowayH42Randall B LuthiH21Robert A BrechtelH38Rodney "Pete" AndersonH10Rosie M BergerH51Ross DiercksH02Roy CoheeH35Stephen D WattH17Steve HarshmanR · H37Thomas A LockhartH57Tom Lubnau IIH31Tom WalshH56Wayne ReeseH11W. Patrick P GogglesH33Zwonitzer, DK.Zwonitzer, DL.

No 1

Jeff WasserburgerH32

Excused 2

Burke JacksonH52Jim SlaterH46

Official activity

Bill history

  1. H Committee Returned Bill Pursuant to HR 4-3(b)House
  2. H Introduced and Referred to H01; No Report Prior to CoW CutoffHouse
  3. H Received for IntroductionHouse
  4. Bill Number AssignedLSO