Testimony heard on retreat bill

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CHEYENNE - The necessity of a bill that would specify that people have no duty to retreat from an attacker before using deadly force was questioned in a House Judiciary Committee meeting Monday.

Despite negative testimony from the public, the committee decided to further consider the bill later in the day.

Tom Jubin of the Wyoming Trial Lawyers Association testified that years of case law had clarified the issue in Wyoming. He said Wyoming citizens already had the right to defend their homes without a duty to retreat.

"That's been the law here, essentially, forever," he said. "What is the need for this bill? I'm not sure."

Proponents of the bill said it was necessary because the statute needed to be "crystal clear."

The bill was amended so a person would have the duty to retreat in a public area.

Byron Oedekoven, executive director of the Wyoming Association of Sheriffs and Chiefs of Police, suggested the amendment because law enforcement was worried that shootouts might start occurring in the middle of the street if the bill became law.

Ed Strader, a private citizen from Cheyenne, testified against the bill because he was afraid a tenant would have the right to shoot him if he entered one of his rental homes.

"I'd rather not get blown away," he said.

The committee also heard testimony on two bills related to concealed weapons during its morning meeting. The first would allow anyone in the state of Wyoming - as long as they are over 21, are not alcoholics, on drugs or not a felon - to carry a concealed firearm without a permit.

Rep. Becket Hinckley, R-Cheyenne, introduced the bill because he said the constitution, through the second amendment, already gave law-abiding citizens the right to carry concealed firearms.

The second bill would clarify lawful places a concealed weapon could be carried in a car.

Both bills will be further considered Monday afternoon.

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