Everyone Has the Right to Armed Self Defense…Don’t They?

Last September, Ríhanna Kelver was standing outside the Crowbar & Grill in Laramie, Wyoming, preparing to start her bartending shift, when she noticed a group of men across the street. One of them was shouting in her direction, and Kelver heard several homophobic and transphobic slurs as he began approaching her. Moments later, according to court testimony and surveillance footage, the man shoved Kelver to the ground hard enough to injure her tailbone.

Kelver responded by drawing a pistol from her bag, chambering a round, and pointing the weapon at the man who had pushed her. She kept the safety on and never fired. The man and his companions retreated.

Today, Kelver, a 28-year-old trans woman, faces two felony charges—aggravated assault and possession of a deadly weapon with unlawful intent—that could carry up to 15 years in prison. The man who shoved Kelver and who allegedly initiated the confrontation, known only as “S. Durham,” has not been charged.

According to Wyoming Statute Section 6-2-602, people who are lawfully present do not have to try to retreat before using force to protect themselves from imminent death or serious bodily harm. This “stand your ground” law echoes statutes in 29 other states: They remove the duty to retreat, allowing a person to use defensive force as long as they are not the initial aggressor. Kelver’s attorney argues that she acted squarely within state law. The aggravated assault statute under which she was charged exempts situations in which displaying a firearm is “reasonably necessary” for self-defense. Video evidence confirms that Kelver was alone, outnumbered, physically assaulted, and left on the ground facing multiple aggressors.

But Albany County Circuit Court Judge Robert Sanford, who presided over Kelver’s pretrial hearing, agreed with the prosecutor that there was probable cause that she committed the crimes with which she was charged. Kelver must now argue her case in court, risking up to 15 years in prison if she cannot convince a jury that she was acting reasonably in self-defense. Cases like Kelver’s expose key contradictions at the heart of our cherished rhetoric of armed self-defense. The legal right to defend oneself has always proved far more fragile when exercised by the very people who most need protection.

— Caroline E. Light in Do Trans People Have “Stand Your Ground” Rights? Wyoming’s Answer May Be “No.”