Wyoming Judge Rules Against Trans Woman Using Stand-Your-Ground Law

A judge in Wyoming is allowing felony charges against a trans woman to proceed to trial after the woman pulled a gun after being shoved to the ground during a fight in Laramie, Wyoming, last September.

Rihanna Kelver, 28, said she feared for her life, according to the Laramie Reporter.

Kelver, a well-known trans activist in the state, has said that she acted within her legal rights by pulling a gun after a man, Scott Durham, allegedly hurled anti-LGBTQ+ slurs at her and pushed her down.

In September 2025, Kelver was about to clock in at the Crowbar & Grille bar. Kelver claims Durham, from across the street, shouted the slurs. Kelver went to approach him, and Durham shoved her. She fell, and as she did, she took her gun out and pointed it at Durham as he passed her.

Durham and two other men he was with went on to a bar.

Kelver was later arrested and charged with aggravated assault and possession of a deadly weapon with unlawful intent. Both of the charges are felonies.

The outlet reports that the new ruling comes after a hearing last week that was to decide if the state’s stand-your-ground law would protect Kelver from even going to trial.

On Monday, a judge decided it did not.

“While Ms. Kelver did not have a duty to retreat because she was not the initial aggressor, she was not entitled to use deadly force because she was not in danger of imminent death or serious bodily injury and a reasonable person in like circumstances would not have judged her actions necessary to prevent imminent death or serious bodily injury,” the order states, according to the Laramie Reporter. “Therefore, the State has shown by a preponderance of the evidence that Ms. Kelver is not entitled to immunity under [Wyoming’s self-defense statute].”

Kelver, though, is still “hopeful.” Her defense lawyers told her it was hard to win in these pre-trial hearings, and that at a trial, the standard of evidence is higher, as is the state’s need to prove “beyond a reasonable doubt,” according to the outlet.

“We knew that opportunity [to get the charges dismissed early] was extremely unlikely,” Kelver said, the outlet reports. “Nonetheless, we took the opportunity, and in my eyes, we were so close to the finish line … And the bar, especially for the state standard, is so much higher at trial. I think [the county prosecutor] is going to be hard-pressed to prove the state’s argument to a full jury, especially given everything we saw at the hearing, and given other factors.”

Overall, the decision by the judge is only on whether Kelver was immune from prosecution in the case.

Now, she’ll face a trial over the two charges beginning November 30.

“I fully believe in our case,” Kelver said. “And I’m much more hopeful than I’ve ever been.”