The debate on guns and self-defense on behalf of a trans woman

The incident where Ríhanna Kelver drew a gun in Wyoming intensified the debate on how the Stand Your Ground law is applied and for whom. Kelver faces serious charges...

An incident in Laramie, Wyoming, has brought the question of how valid the right to armed self-defense is for whom back to the agenda. Last September, Ríhanna Kelver noticed a group shouting across the street while preparing for her shift in front of Crowbar & Grill. According to witness statements and security camera footage, one of the men walked toward her, uttering insults and derogatory remarks about her gender identity.

Shortly after, the same person pushed Kelver to the ground. It was reported that she was injured in the tailbone due to the impact of the blow. In response, Kelver took a gun out of her bag, chambered a round, and pointed the gun at the person attacking her. It was noted that the safety was off, she did not fire, and after the incident, the attacker and those with him retreated.

The court file and charges

Kelver is currently on trial for aggravated assault and unlawful possession of a deadly weapon with intent. When these charges are considered together, the risk of punishment can reach up to 15 years. The person who pushed her to the ground and allegedly started the conflict is only referred to as "S. Durham" in the file and faces no charges.

According to Wyoming law, a person who is legitimately present is not required to retreat when faced with an imminent threat of death or serious bodily harm. This "Stand Your Ground" provision, like similar laws in 29 other states, allows a non-aggressor to use force in self-defense. Kelver's lawyer argues that her client acted exactly within this framework.

However, Albany County Magistrate Judge Robert Sanford agreed with the prosecution in a pre-trial assessment and ruled that there was probable cause to support the charges against Kelver. Thus, Kelver must convince the jury that her actions were reasonable self-defense.

The debate on armed self-defense grows

Wyoming adopted the "Stand Your Ground" law in 2018 and moved to permit carrying unlicensed handguns in 2021. Therefore, the case highlighted the difference between the state's long-strengthened gun rights philosophy and how these rights are practically applied and for whom.

Kelver's case also provided a striking example against the "equal rights for all" rhetoric built around armed self-defense in the U.S. Gun rights advocates describe firearms as a balancing factor for the weaker person against a stronger aggressor. In Kelver's case, the file notes that she was alone, outnumbered, physically attacked, and left on the ground.

Kelver's not firing her gun, combined with her defense that she did not initiate the attack, also recalls a similar case in Florida. In 2018, Markeis McGlockton pushed Michael Drejka during an argument; Drejka then drew his gun and fired. McGlockton died, and Drejka was later convicted of manslaughter and sentenced to 20 years in prison.

The difference between these two cases shows how the right to self-defense, although broad on paper, can narrow in practice. In Kelver's case, although it is argued that the gun was not fired, the attack was not initiated by her, and the perceived threat was reasonable, local authorities have not yet accepted this narrative.

Past examples and criticism of the legal system

Kelver's case fits into a broader history where trans individuals' attempts to protect themselves can turn into criminal threats. In 2011, Cece McDonald in Minnesota defended herself with scissors during a racist and transphobic attack, resulting in the death of one attacker. Despite evidence showing she was the initial victim, McDonald served 19 months in a men's prison after a plea deal.

That same year in Georgia, Ky Peterson shot and killed a person who raped him and was sentenced to 20 years in prison; he was released after nine years. These examples have strengthened criticisms that the judicial system struggles to recognize the urgent protection needs of trans individuals.

The case is not only about one person's right to self-defense. It also opens discussion on how the tension between guns, identity, and law can sometimes turn what is described as a right into a privilege in practice. While Kelver's trial continues, the Wyoming case has brought the limits of the "self-defense" concept back to the national agenda.