Free State Wyoming Forum
Prospective Free State Wyoming (FSW) Members and Interested Parties => Prospective Free State Wyoming (FSW) Members and Interested Parties => Topic started by: Tx2Wy on April 25, 2009, 02:27:56 AM
-
My wife and I are researching moving from Texas to Wyoming. I have a good friend that works as a gunsmith here and he mentioned that the Castle Law that Wyoming has only includes inside the home and does not allow for defending ones life between two buildings on ones property. Here in Texas we can defend our entire property with the Castle Law passed by our legislature. Of course our governor now is talking about succession go figure. It is all political because he is not the most liberty minded governor we have had.
Can anyone point me to where I can get detailed information on this issue?
Thanks
Bill
-
Do a search on "Wyoming" "Castle" "Doctrine"
That will bring up a number of articles.
part of the bill language was remove that provided for "no retreat"
However, Wyoming's version of the bill provides immunity from civil lawsuits to anyone who uses force in defense of his or her "person, property or abode or to prevent injury to another." However this may be interpreted.
We are an "open carry" state with full state preemption, and we do have 'concealed carry' as well. Common law seems to indicate that if we have the right to carry for our own protection, that that right to protection extends to where ever we happen to be.
I'm no lawyer (Thank God), but it seems that there may have to be a few court cases to define the limits of 'self protection'.
-
I thought the law was shoot, shovel, shut-up.
-
Kinda hard to do if the Bad Guy does his thing at the local McDonalds.
-
bgarlough
go here www.gunlaws.com/index.htmhttp://
If it aint there. It probably aint.
-
OOOOPS www.gunlaws. com/index.html
-
Kinda hard to do if the Bad Guy does his thing at the local McDonalds.
If it's at the McDonalds it isn't an area where 'castle doctrine' would apply.
-
If it's at the McDonalds it isn't an area where 'castle doctrine' would apply.
It might be interesting to ask McDonald's legal department exactly what they recommend their guests do if a killer does start shooting in one of their restaurants. Hide? Run? Fight back? Try to protect others? Don't protect others? What is their legal stance?
-
And if you do stop an active shooter, would that mean free Big Macs for life? ;D
-
My point is, that I will provide for my own protection and those around me - in my house or where ever I happen to be!
I WILL NOT turn my back to anyone with a gun who is threatening.
-
Had a discussion with a kindof relative last week about concealed carry and self defense. He said to remember that you have a responsibility to retreat if you can safely do so. But is you have to shoot empty your gun!! The court has to believe you felt in danger of your life. Also good to use the same type of bullet the cops do. He was very supportive of me going for my CC.
-
Thanks for the replys, to Big Ugly, Jubal, Flight Er Doc, Rhodges, Jared and JudithEvans.
Flight Er Doc the three s's of shoot shovel and shutup is appealing especially to anyone who would break in to do harm.....
I checked out the link Jubal you suggested it was a help, thanks.
I was surprised Big Ugly that Wyoming is an open carry state. Nice to know.
We are looking forward to our recon trip in late May.
Thanks Again.
Bill
-
Had a discussion with a kindof relative last week about concealed carry and self defense. He said to remember that you have a responsibility to retreat if you can safely do so. But is you have to shoot empty your gun!! The court has to believe you felt in danger of your life. Also good to use the same type of bullet the cops do. He was very supportive of me going for my CC.
Yeah, I try and carry the same load (the same bullet, anyway) as the FBI. If I'm ever asked why, I can say 'if it's the appropriate choice for the premier (pah!) law enforcement agency....."
-
Just one question: why would ANYONE want to go into a McDonalds? YUK >:D
-
Mama - sometimes you're just so desperate for a coffee - any coffee - and that's the only place around & quick. Besides, their 'froo-froo' coffee isn't bad.
I've tried reading through the statutes as regards 'open carry' in Wyoming - I can't find anything that restricts 'open carry' anywhere, except that federal (Gov't bldgs, gun-free school shooting galleries, etc.,)
Has anyone else tried going through the statutes? Has anyone else found any location that is 'off-limits' to open carry?
-
LOL! I've answered that question so many times I should frame it.
There is no statute or other word about open carry anywhere in the Wyoming law. It's just not mentioned.
There ARE federal laws that apply to the people of Wyoming, but are not listed in the Wyoming law.
Wyoming has complete preemption, which means that nobody but the state of Wyoming can make laws regarding gun use, carrying, etc. Some cities have old statutes on their books that predate the preemption, but they are null and void. Some cities try to intimidate people with them even now, but they will back down fast when presented with the facts. There is a thread here somewhere about Pine Bluffs and a recent incident where someone was threatened with arrest over open carry.
The owners of private property can prohibit guns in any form they wish. I have not seen any businesses so posted here, but there might be in some of the larger cities. If the business isn't posted, and an owner or manager asks you to leave, it is best to just do so. I have a card that I would hand out to such a business.
You have forbidden me to carry my self defense tool into your store. I am going to respect your wishes, but I want you to know that you have lost my business now and in the future, as long as my sidearm is not welcome. I will also inform my friends of your policy.
Self defense is a natural human right.
Second Amendment Sisters
So far I've handed out dozens as samples, but never had to use one for a business.
-
I thought the law was shoot, shovel, shut-up.
I can only imagine how a "Shoot, Shovel & Shut Up" law would read:
Castle doctrine:
Whereas,
The common saying is "a man's home is his castle", and
Whereas,
The act of "castling" in chess is a defensive move,
Be it found that in order to protect person, property or abode or to prevent injury to another, it is permissible to engage in self defense in the following manner:
1) Defense
In order to defend oneself, it is permissible to stop an imminent attack by judicious administration of significant amounts of lead or tungsten at a sufficient velocity to cause the attacker to be reconsituted into non-inert matter.
2) Disposal of non-inert matter
In order to dispose of the remaining matter, an excavation should be created which is no less than 72 inches in depth, 60 inches in length, and 36 inches in width.
The excavation can be undertaken with manual tools, or with machinery designed for this purpose, which will not create undue stress on the environment.
Nothing in this section should be interpreted to allow the operation of equipment that has not been subjected to an environmental impact study to determine whether it will contribute to "Anthropogenic Global Climate Change" ("To Gaia be praised.")
3) Confidentiality
The results of the act shall not be disclosed in any manner, including but not limited to manual audio transmission, such as personal discussion or public speeches; electronic transmission, such as in the case of Internet, forum or e-mail software; or by way of public media sources, such as newspapers, magazines or television.
Then again, that might be shorter than a real law would be too....
>:D
Chris
-
Well, Chris, that's an interesting mix of common sense and envirowhacko language. My head hurts. LOL
-
This is a strange thread. Making a choice to move based on how good the official castle doctrine is...
First, it is so uncommon to actually need a castle doctrine law that, well, a lot of other things ought to be put first. For example, open carry is something you can and would do every day.
Second, it just represents the status of freedom in a particular legislature (which is poor in virtually every state, including Wyoming). It does not represent what would actually happen. If you shot an intruder while on your property but not in the house, the local DA would probably not bother to charge you with anything, and even if he did he'd probably find it hard to get a conviction. Not that I recommend shooting everyone who shows up on your property, but if he is obviously intending violence... Hey, this is Wyoming! ~W~ :)
As to shootouts at McDonalds, same thing applies. If you killed someone in the "Luby's Cafe" scenario, you'd be the toast of the town. :)
-
Paul, this is one of many things I am looking into. The main reason for moving is individual liberties which is eroding quickly here in Texas. I believe after looking at many statutes that Wyoming has more individual liberties than most other states. The cost of living seems to be about the same. Taxation is much better in Wyoming than here in Texas especially the exorbitant property taxes I pay. I have a 3000 sq ft. home on a corner lot in Fort worth and my property tax is almost $5K per year.
I searched the Castle laws in Wyoming and the threads I was researching were confusing. By no means is this the only thing keeping me from moving. I thank everyone for giving me input and clearing up my confusion.
-
In order to dispose of the remaining matter, an excavation should be created which is no less than 72 inches in depth, 60 inches in length, and 36 inches in width.
I'm afraid this would not do at all. Excavating such a structure would scar the prairie, cause an erosion hazard and be a terrible eyesore. I fear it would also cause the dreadful disruption of a thoroughly established ecosystem, to wit - Coyotes gotta eat too.
DS