new law in missouri -use of deadly force change

[tomhargrove]

According to a report at the St Louis Today website , a new law that will go into effect protects the killing of an intruder.
A new Missouri law now protects a home owner from prosecution, if deadly force is used on an intruder
The governor Matt Blunt has signed a new law into legislation this past Tuesday that allows people in Missouri to kill a stranger or intruder. This can now happen without having to worry about prosecution.

The new law says that when a person encounters an intruder, they do not have to get away or run from the intruder. If a stranger goes into a home, the home owner is allowed by law to use deadly force if they want to. This means that if a burglar or stranger is in your house, you can use a deadly weapon against them, and avoid legal action against you.

This law is for where you are living such as a house or apartment. It also applies to a vehicle. If someone is trying to get into your vehicle or is inside of your vehicle, the new law is also in effect. The law is also for any other type of dwelling such as a tent. If an intruder tries to get into your tent, you can use deadly force and avoid prosecution.

With the old law that was in Missouri, deadly force against an intruder could only be used, or justified rather, if a person thought it was necessary to protect their life or the life of others from death. This new law now changes the old one. This new law will go into effect on August 28th of this year.

This new bill includes an effect from the killings that happened at Virginia Tech. The bill will let court records that tell people to get some kind of mental health treatment, to be sent to a nationwide program that gun dealers currently use. This program that gun dealers use is to complete a background check on a person before they purchase a gun.

Before this bill went into effect, Missouri did not send these mental records to the program database. This also eliminates a state law that requires a person to get a permit from a local sheriff before they can buy a hand gun.

Based on the news report at the St. Louis Today website, governor Matt Blunt said concerning this new state law, "It ensures law abiding Missourians will not be punished when they use force to defend themselves and their family from attacks in their own home or vehicle."

[Graybeard]

Laws of this nature often called Castle Doctrine or law are becoming more widespread as are more opening up concealed carry. Most all states (not all just most) now have concealed carry options but not as many have the new laws on self defense with those weapons. Under Alabama law it applies any time you are anywhere you have a legal right to be not just in your home or vehicle but even if walking on a street in town or in a store or whatever.

[tomhargrove]

as it should be , in this society of drugs and  users an elderly person like me is a prime target for mugging .to  get money for more drugs  and the police cannot respond to help you even if you get a 9ll call in ,the operator wants a boatload of info before they will even notify the police of the call. by then its all over and chances are good that you Will be dead . yet there are those that will argue that no one should shoot a crack-head just because they need money, they need help to  rehabilitate ,well ma by but, if you are dead , who cares . then it becomes a drug related crime and some bleeding heart judge will send the drug user to re=hab .for 6 month at the taxpayers expense.then they can buy drugs there from the attendants ,yea-killing someone over anything is bad but so is being killed for nothing--.just my 2cents.worth

[Graybeard]

Yup I agree. I'm well out of town and the crime out here isn't that much but in the towns around here home invastions are still pretty common especially the homes of older folks. Out here in the country I think the punks pretty well expect we're armed and now with the new law don't have to think twice and run away if they invade.

I've got a handgun near me at all times day or night and am not afraid to use it and have a LOT of shooting experience with handguns. At night near my bed there is a loaded shotgun, loaded lever action rifle and multiple loaded handguns with laser and night sights pluse good flashlights and a cell phone. I guess I'm as ready as I can be for the worse should it come my way but hope it never does. The doors and windows are locked and coming thru them would not be a smart move for an intruder as I'm a very light sleeper.

[The Sodbuster]

Does the new law protect the defender against civil liability?  I'd hate to have an injured assailant suing me for damages or have his survivors bring a civil lawsuit against me. 

[GRIMJIM]

Man this post makes me wish I couild lop Chicago off the Illinois map. Then maybe we could have laws that make sense too, instead of protecting the "rights" of the intruder.

[rocko]

Does the new law protect the defender against civil liability?  I'd hate to have an injured assailant suing me for damages or have his survivors bring a civil lawsuit against me. 

Dont injure them. Shoot to kill. Like the old saying goes, dead men tell no tales. If someone breaks into my house though i sure aint gonna try and wing them. Just me though.

[nomosendero]

Does the new law protect the defender against civil liability?  I'd hate to have an injured assailant suing me for damages or have his survivors bring a civil lawsuit against me. 

Dont injure them. Shoot to kill. Like the old saying goes, dead men tell no tales. If someone breaks into my house though i sure aint gonna try and wing them. Just me though.

Yep, that way they are always carrying a weapon. 

[The Sodbuster]

Dont injure them. Shoot to kill. Like the old saying goes, dead men tell no tales.

As G. Gordon Liddy said, "Make sure there's only one side to the story, and that it's yours".  But just 'cause he's dead, doesn't mean his survivors can't sue.  I'd like to see some liability protection in these castle laws.  I know some do.  Not sure if that's the case in the Show Me State.

[rocko]

Dont injure them. Shoot to kill. Like the old saying goes, dead men tell no tales.

As G. Gordon Liddy said, "Make sure there's only one side to the story, and that it's yours".  But just 'cause he's dead, doesn't mean his survivors can't sue.  I'd like to see some liability protection in these castle laws.  I know some do.  Not sure if that's the case in the Show Me State.

That is a good point. I would assume with all legal liability being lifted as would the civil. I cant see how you could possibly be held responsible monetarily if what you did was 100% legal. Good question though i need to check into that.

[nomosendero]

Goes back to what I said. 

[RonF]

I took a CCW course a couple of weeks ago in which this new Missouri law was explained.  Basically, it says you don't have to retreat if you are in your home, car, motel room, tent, etc. BUT you still have to ascertain that the intruder has opportunity, means and intent to do you, or someone else, harm, i.e. it has to be a legitimate threat.  If someone is stealing your stuff and is on the way out you can't shoot.  We may wish we could just shoot a burglar, but the fact is that we can't shoot just to protect property; there has to be a legitimate threat of bodily harm.

The law DOES NOT shield you from civil suits - anyone can sue you anytime for anything.  Whether or not they win, of course, is another matter.  What the Missouri law does is buy you a jury instruction to the effect that if they find the shooting was warranted under the law then they may NOT find you liable for civil damages.  Moreover, the law says that if you win the civil suit, then the plaintiff has to pay your costs and court costs, so it should reduce the number of such suits, but it does NOT prevent the filing of one.

Hope this helps.  Understand that I'm not a lawyer, but this is how it was put to us in the class.

RonF

[Bowpredator]

Yep, I was glad to hear of this passing.  We are taking baby steps in getting back to where we used to be and should be.  Somewhere along the way our society as a whole has lost its common sense when it comes to self defense/protection.  The thought that one should be forced to retreat when confronted with lethal force is about as unAmerican as can be.  We have been giving the criminals the advantage legally for far too long.  It's time things got back to normal, where a person can defend themselves if it becomes necessary without worry of a criminal or cival trial later.  I was also glad to see the pistol permit disappear.  What a bunch of bull that I should have to get permission from my sheriff to buy a pistol.  The infringement is lessening little by little.