New Bill Would Compensate Gun Owners for Legal Costs of Acting in Self-Defense

Given how good Wyoming's gun laws already are, it's tough for pro-2A lawmakers to come up with legislation that can continue to move the needle in the right direction. With the help of Gun Owners of America, though, Wyoming state Rep. Gary Brown, has come up with a proposal that does just that. 

HB 14 would require that "ff a person who is subject to criminal prosecution is found not guilty, has had the charges dismissed or is otherwise released from custody or further prosecution because the person reasonably used defensive force" in accordance with state law, the county where the person was charged or subject to criminal prosecution "shall reimburse the person for all reasonable costs, including loss of time, bail costs, attorney fees and other costs and expenses involved in the person's defense, including the costs of seeking or receiving an expungement."

Defending yourself or others from a violent criminal is traumatic enough, but the financial burden of potentially having to defend your actions in court can end up bankrupting armed citizens, even if they're acquitted at trial or see their charges dropped after an arrest. From that perspective, HB 14 makes a lot of sense.

Wyoming’s self-defense ethos is entwined with its embrace of the Second Amendment. Gun rights advocacy groups like the National Rifle Association and Wyoming Gun Owners have in the past supported legislation to expand lawful self-defense. House Bill 14 is no different — Gun Owners of America helped draft the bill, Mark Jones, the organization’s national director, told WyoFile. “It’s kind of a natural progression in states with stand your ground laws to protect people.”

Jones said he has “talked extensively behind the scenes” with the bill’s main sponsor, Cheyenne Republican Rep. Gary Brown, a freshman lawmaker, to craft the measure. (Brown didn’t respond to calls and an email from WyoFile.) Brown brought a conceptually similar bill to last year’s legislative session. It wasn’t introduced, so lawmakers didn’t have a chance to debate the measure or gauge appetite for the legislation through an introductory vote. But the bill garnered 30 cosponsors the first year — nearly a third of the entire Legislature. It has 26 this year.

Jones said he has talked to lawmakers since last session to explain what the bill does. He thinks the measure has “a pretty good shot” at being introduced this year, despite a higher two-thirds vote requirement for introducing most legislation during budget sessions.

In theory, this is something that should be able to garner support from both Republicans and Democrats. The GOP generally sides with the right to keep and bear arms, while Democrats and criminal justice reformers have railed against excessive court fees and fines for years now. 

I doubt that many Democrats would actually be on board with this proposal, though, whether in Wyoming or any other state where similar legislation might be introduced.  All too often, their zeal for criminal justice reform takes a back seat to their anti-gun ideology. Virginia is a case in point. While Democrats in Richmond are pushing legislation lessening the punishment for a wide variety of crimes, they're also creating scores of new, non-violent offenses dealing with the sale, transfer, and possession of commonly owned firearms... not to mention the brand new taxes and fees they're looking to impose on lawful gun owners. 

Some law-and-order Republicans might view this idea with suspicion, but given that it deals only with those who've seen their charges dropped or were acquitted at trial, I don't think this even remotely qualifies as being soft on crime. 

Even if HB 14 doesn't move this year, it's worth bringing back next session... and I hope GOA will have success in shopping it around to other legislators across the country. Acting to legitimately defend yourself or others isn't a crime, and if someone is cleared of all charges it seems entirely reasonable to me to make sure they don't face financial ruin if they successfully defend themselves in court. 

Editor’s Note: Second Amendment advocates across the country are doing everything they can to protect our right to keep and bear arms.

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