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1911 Caliber 45
United States
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Under the castle doctrine (Missouri Statute), people who encounter an intruder in their homes or vehicles — or on their property, are given leeway in using deadly force.
The law allows you to use that force without fear of being charged or sued.
People in Missouri can repel intruders on the theory that anyone breaking into an occupied home has evil intentions toward the residents. The law covers you even if you fend off a carjacker or confront an intruder in your tent in the woods.
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GREG
United States
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church guy
Poplar Bluff, MO
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1911 Caliber 45 wrote: Under the castle doctrine (Missouri Statute), people who encounter an intruder in their homes or vehicles — or on their property, are given leeway in using deadly force.
The law allows you to use that force without fear of being charged or sued.
People in Missouri can repel intruders on the theory that anyone breaking into an occupied home has evil intentions toward the residents. The law covers you even if you fend off a carjacker or confront an intruder in your tent in the woods. You shoot someone on your property for being on your property and you will go to prison.
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The Koon Hunter
United States
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Okay...and thanks for the info
I'll stock up on ammo and grab a couple more weapons. Is there a minimum size or bag limit. I thought last year they set a minimum of 5' tall before they were legal. I may need some help setting up my stand downtown in PB.
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Statute Stalker
United States
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church guy wrote: <quoted text>
You shoot someone on your property for being on your property and you will go to prison. True, you can't just go around shooting people that may be trespassing. The intent of law is to permit individuals to protect themselves and their property. Some of the significant changes this law made when enacted in 2008 was to remove the requirement for a person to attempt to escape or back away (similar to stand your ground laws). It is not an open invitation or permission to kill anyone other than in the act of protecting your person(s) or property. A person may use physical force upon another person when and to the extent he or she REASONABLY believes such force to be necessary to defend himself or herself or a third person from what he or she REASAONABLY believes to be the use or imminent use of unlawful force by such other person If invoked this statute has the impact of shifting the burden on to the state to prove beyond a reasonable doubt that the individual did NOT reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
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church guy
Poplar Bluff, MO
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Statute Stalker wrote: <quoted text>True, you can't just go around shooting people that may be trespassing. The intent of law is to permit individuals to protect themselves and their property. Some of the significant changes this law made when enacted in 2008 was to remove the requirement for a person to attempt to escape or back away (similar to stand your ground laws). It is not an open invitation or permission to kill anyone other than in the act of protecting your person(s) or property.
A person may use physical force upon another person when and to the extent he or she REASONABLY believes such force to be necessary to defend himself or herself or a third person from what he or she REASAONABLY believes to be the use or imminent use of unlawful force by such other person
If invoked this statute has the impact of shifting the burden on to the state to prove beyond a reasonable doubt that the individual did NOT reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force. Yep what you have just explained is the perfect definition of self defense as described in English common law. Over the years in America we had weakened self defense so much we are having to reinvent it. The up against the wall and an inch group had prevailed for years. Why didn't you just go out the Back door and call the police? All the castle laws have done is taken that question out of the court room. Self defense has been defined the same way since the 14th century.
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Did you see
United States
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church guy wrote: <quoted text>
A robbery is from your person. You are talking burglary and theft. Did you see on the news where a man caught a guy raping his five year old daughter, the father killed him with his bare hands.Now he has to stand trial.I think they should let him go. he was only protecting his daughter.
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serious
Poplar Bluff, MO
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church guy wrote: <quoted text>Yep what you have just explained is the perfect definition of self defense as described in English common law. Over the years in America we had weakened self defense so much we are having to reinvent it.
The up against the wall and an inch group had prevailed for years. Why didn't you just go out the Back door and call the police?
All the castle laws have done is taken that question out of the court room.
Self defense has been defined the same way since the 14th century. So the three black guys that were standing in those people's bedroom at 2 a.m on B street and only one had a gun, could you only shoot him and have to let the other two go out of fear you will be charged since they were unarmed? This is a serious question. We moved here from another state where the law is basically shoot first, ask questions later because crime is so bad, but I've always wondered about MO law because overall PB is a pretty safe town.
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serious
Poplar Bluff, MO
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Did you see wrote: <quoted text>Did you see on the news where a man caught a guy raping his five year old daughter, the father killed him with his bare hands.Now he has to stand trial.I think they should let him go. he was only protecting his daughter. That's crazy. He'll probably get off. I can't imagine he wouldn't. I've read of numerous cases where burglars break in, get bit by the homeowners dog, and then sue and win. I've never understood that. Thankfully, our pitbull's presence has been enough to deter people from getting to close to the house. She hasnt had to defend our home ever. Even the UPS guy stands at the bottom of the steps and tosses the boxes up because he sees her through the window. I always yell out if he needs me to sign for them and as he hurries away he says no don't open the door it's good. He doesn't realize she's 11 years old and can barely get up without limping anymore.
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pants down
Poplar Bluff, MO
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Did you see wrote: <quoted text>
Did you see on the news where a man caught a guy raping his five year old daughter, the father killed him with his bare hands.Now he has to stand trial.I think they should let him go. he was only protecting his daughter. He had his pants down when the authorities came. I read that they didn't arrest the father as he was justified in protecting his daughter.
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stringtown mafia
Miami, FL
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church guy is the biggest thief in the state. watch your stuff he will get it.
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church guy
Poplar Bluff, MO
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serious wrote: <quoted text>So the three black guys that were standing in those people's bedroom at 2 a.m on B street and only one had a gun, could you only shoot him and have to let the other two go out of fear you will be charged since they were unarmed? This is a serious question. We moved here from another state where the law is basically shoot first, ask questions later because crime is so bad, but I've always wondered about MO law because overall PB is a pretty safe town. No in Missouri we have the castle doctrine. That question is moot now.
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church guy
Poplar Bluff, MO
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serious wrote: <quoted text>That's crazy. He'll probably get off. I can't imagine he wouldn't. I've read of numerous cases where burglars break in, get bit by the homeowners dog, and then sue and win. I've never understood that. Thankfully, our pitbull's presence has been enough to deter people from getting to close to the house. She hasnt had to defend our home ever. Even the UPS guy stands at the bottom of the steps and tosses the boxes up because he sees her through the window. I always yell out if he needs me to sign for them and as he hurries away he says no don't open the door it's good. He doesn't realize she's 11 years old and can barely get up without limping anymore. I would doubt a burglar could sue in Missouri because he got bit inside a house he has broken into. A dog in a yard biting a kid has happened. A dog chained in a yard biting a kid has happened. But a burglar in a house probably isn't so common. Man traps are illegal in all fifty states though. Maybe a dog that is trained not to bark could be considered a man trap? What do you think?
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switch n bait
Poplar Bluff, MO
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church guy wrote: <quoted text>
I would doubt a burglar could sue in Missouri because he got bit inside a house he has broken into.
A dog in a yard biting a kid has happened. A dog chained in a yard biting a kid has happened.
But a burglar in a house probably isn't so common.
Man traps are illegal in all fifty states though. Maybe a dog that is trained not to bark could be considered a man trap?
What do you think? I know. Put a dog out there that barks and when they disregard that one, sic the no bark dog on them. That'll teach em.
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Fireworks Forever
United States
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Did you see wrote: <quoted text>
Did you see on the news where a man caught a guy raping his five year old daughter, the father killed him with his bare hands.Now he has to stand trial.I think they should let him go. he was only protecting his daughter. If your referrence is to the recent incident in Lavaca County Texas, a grand jury refused to indict him. As a result he will not be charged for any criminal offense.
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Did you see
United States
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Fireworks Forever wrote: <quoted text>
If your referrence is to the recent incident in Lavaca County Texas, a grand jury refused to indict him. As a result he will not be charged for any criminal offense. I believe that is the same.I am really glad to hear that no charges will be against him.I did't know him but I believe he did the right thing.Thanks for the information.
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serious
Poplar Bluff, MO
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church guy wrote: <quoted text>
I would doubt a burglar could sue in Missouri because he got bit inside a house he has broken into.
A dog in a yard biting a kid has happened. A dog chained in a yard biting a kid has happened.
But a burglar in a house probably isn't so common.
Man traps are illegal in all fifty states though. Maybe a dog that is trained not to bark could be considered a man trap?
What do you think? I don't know about Missouri. I looked up the two cases I could think of, and it looks like it all depends on state dog bite statutes. These two cases the owners had to pay medical expenses because their state required them to have beware of dog signs or whatever posted on their property. It was a few years ago though, so it may have changed now. When I try to post the links, Topix freezes on me. Hmmm, I wonder if that would be considered a man trap but probably not. I would think it's similar to a burglar not knowing whether or not he's breaking into a house where the owners are armed. You aren't going to start shooting before someone breaks in to warn them that you have a gun, so a dog that attacks without barking is really no different. I guess it's just wise to have a beware of dog sign posted somewhere to avoid liability. But it does look like most dog bite statutes favor the owner if the dog is provoked at all.
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church guy
Poplar Bluff, MO
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Did you see wrote: <quoted text>Did you see on the news where a man caught a guy raping his five year old daughter, the father killed him with his bare hands.Now he has to stand trial.I think they should let him go. he was only protecting his daughter. I thought the big thing was he didn't have to stand trial....
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sucks!!
Poplar Bluff, MO
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I thought you could only meet deadly force with deadly force so breaking in isn't deadly unless they have a weapon.
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Did you see
United States
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church guy wrote: <quoted text>
I thought the big thing was he didn't have to stand trial.... I may have misunderstood.I thought I heard them say he would be indited for it.Not sure I spelled that right.doesn't that mean he would have to go to court? I know the lady on the news was really upset about it.
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