Mo. deadly force law..........
may soon be changed.
Article from the local fish wrap:
http://www.stltoday.com/stltoday/news/stories.nsf/missouristatenews/story/690B814E9F3D8AD68625728800185BC7?OpenDocument
Article from the local fish wrap:
http://www.stltoday.com/stltoday/news/stories.nsf/missouristatenews/story/690B814E9F3D8AD68625728800185BC7?OpenDocument
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No matter when you pull the trigger it will cost you about 10,000 in legal fees, if you go to a ccw class you will learn a few things. Yes there several thing that will help you out but check the law real close, I would still be judge by 12 than carried by six. Just check it out the criminal still have rights and you don't it seems.[^][:(!][^] 0 -
I agree. The way I read the article it says that right now it is not legal for me to shoot someone that comes into my house without the intent to harm me.
Taken from article:"If a guy is climbing in through your window, you can't do anything but watch him come in," said Kevin Jamison, a Gladstone, Mo., lawyer. "As long as he doesn't come after you, there's nothing you can do."
I'm sorry but if someone comes in my window, he/she will be leaving my house on life support or dead.0 -
I love my state. If anyone breaks into your home you have the right to shoot them no matter if there threatening you or not. 0 -
Well you do have the right to take a baseball bat and kick the living crap outa them as they enter through the window, just make sure you don't kill them.[;)]
If they come in with a gun or knife with the intent to do damage to you or your family, then you know what to do.[:0][:0]0 -
I can speak only on the City of Saint Louis Missouri, not Saint Louis County, two very different communities. The City of Saint Louis is much smaller than Saint Louis County, has about 20% of the population, and has a completely separate Police Force and Government. It can be a dangerous place, it's the #1 or #2 ranked City in the Nation for violent crime. For as long as I can remember the Prosecutors office has maintained an unwritten policy on self defense shootings. If a stand up citizen shoots a bad guy in self defense they will be charged with unlawful discharge of a firearm, and after the event fades into the past, that charge is dropped. I've seen it happen many times over the years, and know one who has benefitted from this policy. Of course it's much better to have a law on the books to protect the lawful citizen if he has to use deadly force, just stating what the Law in Saint Louis does, which is a good policy in view of the circumstances here. 0 -
quote:Originally posted by sig232
Well you do have the right to take a baseball bat and kick the living crap outa them as they enter through the window, just make sure you don't kill them.[;)
Time for a drop piece.[;)]0 -
My understanding of the state law in Texas is that deadly force can be used only to protect yourself or someoneelse from imminient danger. You must believe that your life or another's life is threatened. A unarmed person climbing in a window would not fit this status. Nor would someone who is carrying away your TV. Now, whether or not the local DA would prosecute and whether or not a local jury would convict is a separate question. However, IMHO that possibility would exist. In addition, potential civil remedies are available to the perpetrator and the family. 0 -
quote:Originally posted by r1racing
I love my state. If anyone breaks into your home you have the right to shoot them no matter if there threatening you or not.
Just coming into my house is threatening. I don't know the person from Adam, however I do know he's a scumbag since he broke into my house to begin with. Is he there to rape and kill my little girls? I don't freaking know and will not take the chance.
Last time I knew there were no cases of people breaking into your house to clean it or leave 100 dollar bill on the counter.
It disgusts me there even might be a remote chance someone could get into trouble with the law for using deadly force agianst a intruder in their home. They are making the choice.0 -
The key statement to the police when they arrive is "I was in fear of my life and my families life" and stick to it. Also add he said he was going to kill me if I didn't backoff. Besides how is the dead guy going to dispute what you said he said. A big part of the gist with this law change is no civil liability against the homeowner. 0 -
Just use common sense. Common sense tells me that if someone is braking into my home and I am home that the person would not hesitate to hurt me or mine BANG! 0 -
Another point to ponder:
Suppose no one in your family is home. You have a security system (armed). Someone breaks in your home. LEO shows up, burglar still inside home. How's the LEO gonna handle it?0 -
quote:Originally posted by beneteau
Another point to ponder:
Suppose no one in your family is home. You have a security system (armed). Someone breaks in your home. LEO shows up, burglar still inside home. How's the LEO gonna handle it?
I don't care about that point to be honest. I'm not a LEO. I'm a law abiding citzen defending his wife and daughters. Fact is anyone breaking into your home is there for bad reasons. I can't tell if he's there to simply rob me or rape and kill my wife and daughters.
Even if he is there to just rob me. I worked my butt off my whole life to achieve the things I have. Who is he to think he can just simply take my hard work? Screw that, two to his center mass.0 -
quote:Originally posted by Classic095
Just use common sense. Common sense tells me that if someone is braking into my home and I am home that the person would not hesitate to hurt me or mine BANG!
Bingo!!!0 -
quote:Originally posted by r1racing
I love my state. If anyone breaks into your home you have the right to shoot them no matter if there threatening you or not.
There is a law firm in your state that does not agree with you.
Is an owner of property liable for using deadly force to defend their property?
Generally speaking, an owner of property may not use deadly force to defend the property. Society values human life and bodily integrity much more than property. Therefore, the life, health and safety of an individual, even an intruder, is considered to be more valuable than the china or stereo which that individual is trying to steal.
An owner is not prohibited, however, from invoking self-help methods in defending property from another. An owner of property is entitled to use reasonable force to prevent someone, or something, from entering onto her property or to remove something from her property. What, under normal circumstances, may constitute a battery, assault, or other intentional tort, will not be considered unlawful in situations where it is performed as a reasonable use of self-help in defense of property. However, the use of force calculated to do great bodily harm, or cause death, is not permitted.
One narrow limitation upon the use of deadly force is authorized. Where an intruder threatens personal safety, as well as a threat to property, or where the intruder is committing a forcible felony, deadly force may be appropriate. For example, if a robber enters a home and, while stealing items, attempts to rape the homeowner, the owner may be justified in shooting the robber. However, an owner who witnesses a neighborhood child stealing a bicycle from the owner's garage, without any threat of bodily harm, is not justified in shooting that child.
http://www.vdmlaw.com/DynamicContentPage.shtml?ss=fln-faq-question.xsl0
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