Friday February 09, 2007
The Right to Defend Yourself in Missouri May Take a Step Forward
Missouri House Bill 189 was introduced by Representative
Kenneth Jones
(District 117) and had its first hearing on February 7th in the Missouri House Special Committee on General Laws. This bill is intended to amend
RSMo Chapter 563,
the section of Missouri law covering the use of deadly force.
In essence, this bill sets forth four changes to the current self-defense law. First, it defines the conditions under which a person can be presumed to be in fear for their life by death or great bodily harm. Second, it places into Missouri law that a law-abiding person, in a place where they have a legal right to be, is not required to first retreat. Third, it defines that a person under these conditions is assumed justified in their act of self defense, i.e.- the burden of proof in a court of law would shift from the defendant to the prosecution. Thus, it would be up to the prosecution to prove the person was not justified in using lethal force in self defense, as opposed to the current situation of the defendant having to prove they were justified in defending their life. Fourth, it clarifies that a person found legally justified in their act of self-defense is immune to criminal prosecution and civil law suits.
Under current Missouri law there is no definitive answer to the retreat or no-retreat question. Some States define that a person must first attempt to retreat ("Duty to Retreat"). Others define that a person is not required to retreat while in their home, occupied vehicle, or place of business ("Castle Doctrine"). Some States even define that a person is not required to retreat in the face of a lethal threat at all ("Stand Your Ground"). HB189 sets a "Castle Doctrine" definition for Missouri law.
It is worth noting that "criminal prosecution" includes arrest, as well as being charged with offenses related to the actions a person may have taken while defending their life. For example, if a person lawfully uses a firearm for self-defense, it is currently possible they could be additionally charged with brandishing a firearm, discharging a firearm, public endangerment, and other similar type charges. HB189 would remove the possibility of such add-on legal perils.
What may prove most beneficial from passage of this bill however, is the immunity from civil law suit. Part of the aim of HB189 is to prevent people found justified in their self-defense from being ruined by costly civil suits.
Currently this bill seems to have large body of support in the Missouri House. This is a good thing for Missouri's 2nd Amendment rights. Allowing people to defend themselves, with lethal force if necessary, is one of the corner-stones of an independent, free, and civil society. If a person be restricted from defending their own person, they either become dependant on the grace of government to protect them at best, or they become permanent and perpetual victims at worst.
For those who are interested, the
status of Mo HB189 is available on the Missouri House web site. Full text of HB189 can be read
here.
( Feb 09 2007, 09:14:21 AM CST )
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