2025 25LSO-0077
STATE OF WYOMING Working Draft
0.6
DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO. [BILL NUMBER]
Protection of military equipment.
Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
A BILL
for
1 AN ACT relating to crimes and offenses; providing an
2 affirmative defense for use of force to protect military
3 equipment; extending immunity for civil or criminal
4 liability for acts committed in the performance of
5 necessary duties to state security officers employed by the
6 military department; providing a definition; specifying
7 applicability; and providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 6-2-603 is created to read:
12
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1 ***********************************************************
2 *******************
3 STAFF COMMENT
4 This bill draft is based on Montana statute 45-3-116 as
5 requested by the Committee at its June meeting. The bill
6 draft does not contain the following provision from the
7 Montana statute:
8
9 (2) The servicing staff judge advocate shall provide a
10 briefing on the rules for the use of force to members of
11 the armed forces and members of the national guard prior to
12 defending military equipment. The failure of a member of
13 the armed forces or a member of the national guard to
14 receive a briefing on the rules for the use of force,
15 through no fault of the individual member, does not
16 preclude the individual member from asserting the
17 privilege.
18
19 There is no similar Wyoming statute that requires a
20 briefing about the law before a legal defense is available
21 to a defendant. Requiring a briefing may raise
22 constitutional equal protection concerns. For example,
23 person A who commits a crime defending military equipment,
24 who receives a briefing, is entitled to assert the defense
25 but person B who commits the same crime defending military
26 equipment, who did not receive a briefing is not entitled
27 to assert the defense unless it is no fault of person B.
28 ***********************************************************
29 *******************
30
31 6-2-603. Use of force in defense of military
32 equipment.
33
34 A state security officer as defined by W.S. 19-7-
35 101(a)(xiii), a member of the armed forces or a member of
36 the Wyoming national guard in active state service as
37 defined by W.S. 19-7-101(a)(v) who is on official duty
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1 defending military equipment is privileged to use
2 reasonable force as necessary to defend military equipment,
3 including deadly force as defined by W.S. 6-2-602(g)(iii),
4 in accordance with the requirements of this section and
5 published military regulations and doctrine regarding the
6 use of force.
7
8 ***********************************************************
9 *******************
10 STAFF COMMENT
11 The Committee may wish to consider providing a definition
12 of "military equipment." The Montana statute that this bill
13 draft is based on does not include a definition of
14 "military equipment." Other states define military
15 equipment in other contexts including for funding as
16 follows:
17 • California (Cal.Gov. Code § 7070(c)).
18 o (c) "Military equipment" means the following:
19 ▪ (1) Unmanned, remotely piloted, powered
20 aerial or ground vehicles.
21 ▪ (2) Mine-resistant ambush-protected (MRAP)
22 vehicles or armored personnel carriers.
23 However, police versions of standard
24 consumer vehicles are specifically excluded
25 from this subdivision.
26 ▪ (3) High mobility multipurpose wheeled
27 vehicles (HMMWV), commonly referred to as
28 Humvees, two and one-half-ton trucks, five-
29 ton trucks, or wheeled vehicles that have a
30 breaching or entry apparatus attached.
31 However, unarmored all-terrain vehicles
32 (ATVs) and motorized dirt bikes are
33 specifically excluded from this subdivision.
34 ▪ (4) Tracked armored vehicles that provide
35 ballistic protection to their occupants and
36 utilize a tracked system instead of wheels
37 for forward motion.
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1 ▪ (5) Command and control vehicles that are
2 either built or modified to facilitate the
3 operational control and direction of public
4 safety units.
5 ▪ (6) Weaponized aircraft, vessels, or
6 vehicles of any kind.
7 ▪ (7) Battering rams, slugs, and breaching
8 apparatuses that are explosive in nature.
9 However, items designed to remove a lock,
10 such as bolt cutters, or a handheld ram
11 designed to be operated by one person, are
12 specifically excluded from this subdivision.
13 ▪ (8) Firearms of .50 caliber or greater.
14 However, standard issue shotguns are
15 specifically excluded from this subdivision.
16 ▪ (9) Ammunition of .50 caliber or greater.
17 However, standard issue shotgun ammunition
18 is specifically excluded from this
19 subdivision.
20 ▪ (10) Specialized firearms and ammunition of
21 less than .50 caliber, including assault
22 weapons as defined in Sections 30510 and
23 30515 of the Penal Code, with the exception
24 of standard issue service weapons and
25 ammunition of less than .50 caliber that are
26 issued to officers, agents, or employees of
27 a law enforcement agency or a state agency.
28 ▪ (11) Any firearm or firearm accessory that
29 is designed to launch explosive projectiles.
30 ▪ (12) "Flashbang" grenades and explosive
31 breaching tools, "tear gas," and "pepper
32 balls," excluding standard, service-issued
33 handheld pepper spray.
34 ▪ (13) Taser Shockwave, microwave weapons,
35 water cannons, and the Long Range Acoustic
36 Device (LRAD).
37 ▪ (14) The following projectile launch
38 platforms and their associated munitions:
39 40mm projectile launchers, "bean bag,"
40 rubber bullet, and specialty impact munition
41 (SIM) weapons.
42 ▪ (15) Any other equipment as determined by a
43 governing body or a state agency to require
44 additional oversight.
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1 ▪
(16) Notwithstanding paragraphs (1) through
2 (15), "military equipment" does not include
3 general equipment not designated as
4 prohibited or controlled by the federal
5 Defense Logistics Agency.
6 • Pennsylvania (72 Pa. Cons. Stat. § 3837.2)
7 o Military equipment means "weapons, arms, military
8 supplies and equipment that may be used readily
9 for military purposes, including, but not limited
10 to, radar systems or military-grade transport
11 vehicles. This term shall also include supplies
12 or services sold or provided directly or
13 indirectly to any force actively participating in
14 armed conflict in Sudan."
15 • Washington (Wash. Rev. Code § 10.116.040)
16 o Military equipment means "rifles of .50 caliber
17 or greater, machine guns, armed helicopters,
18 armed or armored drones, armed vessels, armed
19 vehicles, armed aircraft, tanks, long range
20 acoustic hailing devices, rockets, rocket
21 launchers, bayonets, grenades, missiles, directed
22 energy systems, and electromagnetic spectrum
23 weapons."
24 ***********************************************************
25 *******************
26
27 Section 2. W.S. 19-7-101(a) by creating a new
28 paragraph (xiii) and 19-9-401(c)(intro) are amended to
29 read:
30
31 19-7-101. Definitions.
32
33 (a) As used in this act:
34
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1 (xiii) "State security officer" means a person
2 employed by the military department whose primary duties
3 include being armed and securing military assets controlled
4 by the military department.
5
6 19-9-401. National Guard members granted certain
7 exemptions.
8
9 (c) No member of the Wyoming national guard in active
10 state service or a state security officer shall incur any
11 personal liability, civil or criminal, by reason of acts
12 committed in the performance of his necessary duties
13 incident to service under orders of the governor or any
14 lawful superior if the acts are not palpably illegal,
15 excessively violent or malicious. If any civil action is
16 brought against a member or state security officer by
17 reason of an act or acts committed in the performance of
18 his necessary duties, he is entitled to legal counsel to
19 assist in his defense at state expense. Legal counsel for
20 such purposes may be chosen by the guardsman or state
21 security officer subject to approval by the Wyoming
22 attorney general and legal fees incurred shall be approved
23 by either:
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1
2 Section 3. The affirmative defense created by section
3 1 of this act shall be available as an affirmative defense
4 to conduct occurring on and after July 1, 2025.
5
6 Section 4. This act is effective July 1, 2025.
7
8 (END)
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Statutes affected:
25LSO-0077 v0.6: 19-7-101, 19-9-401