'Stand your ground' bill amended, passed

CHEYENNE - Wyoming senators amended a “stand your ground” bill for the second day in a row before passing it Wednesday.

Pressure mounted on senators Tuesday as they voted to remove an immunity provision that its sponsor, Sen. Anthony Bouchard, R-Cheyenne, said gutted the bill. On Wednesday, senators pushed two amendments that were adopted to give the bill back some of its teeth.

The legislation would take the castle doctrine, which doesn’t require a duty to retreat in self-defense within the home, and expand it. Essentially, it provides immunity from criminal prosecution in self-defense-style shootings in public settings.

But senators began calling certain provisions into question as the bill worked its way through the legislative process. Some argued that areas needed work while supporting the bill’s concept, but others outright called it dangerous, saying it essentially granted immunity in certain cases for those looking for a reason to use their weapons without just cause.

When senators started working on the bill Tuesday, it was clear there was tension over requiring deadly force only be used if it seems reasonable. The original measure would have provided protections for those acting in self-defense, whether or not it seemed reasonable to judicial oversight.

The amendment, put forth by Senate Majority Leader Drew Perkins, R-Casper, passed with broad support on a 22-8 vote.

The Casper Star-Tribune reported that the National Rifle Association made it a heated situation for lawmakers by sending notes calling on senators to oppose the amendment. It characterized the change as “anti-gun” and indicated the organization would report the vote to its members.

On Wednesday, lawmakers again altered the bill before passing it.

Sen. Curt Meier, R-LaGrange, brought an amendment that would provide protections if shooters defend themselves as long as there’s an “honest belief that danger exists,” whether the danger is real or apparent.

“Essentially, that’s more or less the language that’s in the jury instructions and really has to go to the intent of what current law is,” Meier said.

Sen. Tara Nethercott, R-Cheyenne, a local attorney, said she was against the amendment. Proving intent, she said, would require a person to testify, which could imperil Fifth Amendment constitutional rights against self-incrimination.

“Juries or judges cannot make decisions without actual facts or evidence,” Nethercott said.

“So a determination cannot be made that someone had an honest belief, I cannot imagine, without hearsay evidence or speculation or inference. It is not a fact or evidence without a defendant being required to testify, which would be foolhardy.”

Meier said he didn’t think that would be the case. The amendment passed on a voice vote.

Sen. Charles Scott, R-Casper, then proposed an amendment that would provide legal protections for those who threaten to use deadly force when they feel endangered. The idea was that it could allow those acting in self-defense to de-escalate a situation before using deadly force becomes necessary.

“What we’re doing here is simply saying if it is legal to use force, instead of shooting the guy, the person trying to defend says, ‘Back off, I’ve got a gun,’” Scott said.

That amendment also passed. A voice vote then passed the bill from the Senate.

Late Wednesday afternoon, lawmakers in the House of Representatives also passed their own version of the bill. While three representatives had prepared amendments, they all withdrew those changes before the vote. It passed the House 47-11 with two excused. Rep. Jim Byrd, D-Cheyenne, was the only Laramie County representative to vote against the measure.

NOTE: Local legislators Rep. Mike Greear, R-Worland, and Rep. Nathan Winters, R-Thermopolis, voted in favor of the House bill.

Senators Wyatt Agar, R-Thermopolis, and Ray Peterson, R-Cowley, voted for the Senate bill.

SF 71 has been introduced in the House and was assigned to the Appropriations Committee Wednesday.