Castle doctrine.
In one sentence
Not clearly identified in the stored source.
No additional limitations are listed.
Official record
2008 General Session Summary for HB0137 Bill No.: HB0137 Drafter: MDO LSO No.: 08LSO-0195 Effective Date: 7/1/2008 Enrolled Act No.: <enrnum> Chapter No.: <chptnum> Prime Sponsor: Representative Quarberg Catch Title: Castle doctrine. Subject: Codification of specified portions of the use of force doctrine. Summary/Major Elements: Creates a presumption that a person held a reasonable fear of imminent peril of death or serious bodily injury when using deadly force to defend himself or another if: o The intruder against whom the deadly force was applied was breaking into, or had broken into a home or habitation or was removing someone against their will from the home or habitation; and o The person using the deadly force knew that the unlawful entry or unlawful act was occurring. The presumption does not apply if the deadly force was used against: o The rightful owner, or a person who had a legal right to be in the occupied structure; o In a case of deadly force being used because a person was removing another against his will, the person being removed was the child, grandchild or in the lawful custody of the person against whom the deadly force was used; o The person against whom the deadly force was used was a peace officer in the performance of his official duties. Creates a presumption that when a person unlawfully and by force enters or attempts to enter another's home or habitation he is doing so with the intent to commit an unlawful act involving force or violence. Grants civil immunity to a person who uses force as reasonably necessary in defense of his person, property or abode or to prevent injury to another. Comments: Final action on this bill was not taken at the time this summary was prepared. Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.
Public statements
Last checked Aug 8, 11:06 PM
Why they voted this way
The lawmaker expresses caution about voting because they are unsure if the bill's language will achieve its intended results or lead to unfavorable court interpretations.
Why they voted this way
The lawmaker states they have no reservations about passing the bill because its intent is well justified.
R · S25
Why they voted this way
The lawmaker argues for the amendment based on trust in citizens to use weapons legally and safely, believing an armed citizenry provides greater safety than gun-free zones.
Why they voted this way
The lawmaker opposes the amendment because codifying self-defense into specific statutory language creates unnecessary hurdles for defendants that do not exist under Wyoming's broad common law.
S26
Why they voted this way
The lawmaker supports the amendment as a prudent compromise that further defines the bill in light of court decisions, offering a middle ground between previous versions.
S04
Why they voted this way
The lawmaker supports the amendment as a compromise that codifies Wyoming's common law on home protection while removing problematic language for law enforcement.
Why they voted this way
The lawmaker supports the second reading amendment because constituents expressed a need to know exactly what they can and cannot do regarding home defense, which statutes provide better than common law.
S13
Why they voted this way
The lawmaker chose to withdraw the amendment rather than proceed with a vote on it.
Why they voted this way
The lawmaker opposes the bill because he believes these self-defense rights are already well-established through long-standing case law and territorial history, making new legislation unnecessary and potentially dangerous by requiring courts to redefine existing concepts.
Why they voted this way
The lawmaker argues that citizens need clear statutory language to understand their rights because existing case law is reactive, difficult for the average person to access, and only becomes relevant after a crime has occurred.
If a lawmaker is not listed, we couldn't find a published reason.
Wyoming roll calls
6 roll calls
Official activity
Changes
9 stored
Filed Standing Committee by H01
Adopted, Corrected Standing Committee by H01
Failed, Corrected Standing Committee by H01
Adopted 2nd reading by SCOTT
Withdrawn 2nd reading by HASTERT
Failed 2nd reading by CASE
Failed 3rd reading by CASE
Adopted 3rd reading by PERKINS
Withdrawn 3rd reading by HASTERT