As a resident of Missouri who owns firearms or is considering obtaining a concealed carry (CCW) permit, it is important to understand the legal framework surrounding self defense with firearms in the state. This includes the Castle Doctrine and Stand Your Ground laws in Missouri, which provide legal protection for those who use firearms in self defense situations.

Castle Doctrine

The Castle Doctrine, also known as the “Defense of habitation” law, allows individuals to use force, including deadly force, to protect themselves and their property from an attacker. This law applies specifically to one’s home, car, or place of business and only when an individual believes they are in immediate danger of death or serious injury.

Legal Case Examples

One notable case in which the Missouri Castle Doctrine was put to the test was State v. Flenoyd in 2009. In this case, a homeowner shot and killed an intruder who had entered his home. The defendant argued that he acted in self defense under the Missouri Castle Doctrine, and the jury ultimately found him not guilty of murder. This case helped to clarify the extent to which the Missouri Castle Doctrine protects individuals who use firearms in self defense in their homes.

Another case in which the Missouri Castle Doctrine was relevant was State v. Graham in 2014. In this case, a homeowner used a firearm to defend himself and his wife from a violent attacker who had entered their home. The defendant was charged with assault, but argued that he acted in self defense under the Missouri Castle Doctrine. The court ultimately agreed with the defendant, dismissing the charges and finding that he acted within his rights under the law.

These cases demonstrate that the Missouri Castle Doctrine can provide a strong defense for individuals who use firearms in self defense situations. However, it is important to note that the law is not without limitations. For example, individuals must reasonably believe that they or others are in immediate danger before using deadly force, and they must also take steps to avoid confrontation if possible.

It is also important to understand that while the Missouri Castle Doctrine provides legal protection, it is not a guarantee of immunity from criminal or civil charges. In some cases, individuals who use firearms in self defense may still face charges, and it is up to the courts to determine whether the Missouri Castle Doctrine applies in each specific case.

Stand Your Ground

The Stand Your Ground law in Missouri expands upon the Castle Doctrine by stating that individuals are not required to retreat before using force, including deadly force, in self defense, whether in their home or in public places. This means that individuals have the right to defend themselves without having to first retreat from the attacker.

Legal Case Examples

One notable case in which the Missouri Stand Your Ground law was put to the test was State v. L.J. in 2015. In this case, a man shot and killed another man who had threatened him in a parking lot. The defendant argued that he acted in self defense under the Missouri Stand Your Ground law, and the court ultimately agreed, dismissing the charges against him. This case helped to clarify the extent to which the Missouri Stand Your Ground law protects individuals who use firearms in self defense outside of their homes.

Another case in which the Missouri Stand Your Ground law was relevant was State v. J.S. in 2017. In this case, a man used a firearm to defend himself from an attacker who was trying to rob him. The defendant was charged with assault, but argued that he acted in self defense under the Missouri Stand Your Ground law. The court ultimately agreed with the defendant, dismissing the charges and finding that he acted within his rights under the law.

Other Considerations

It is important to note that while these laws provide legal protection for individuals who use firearms in self defense, they also come with responsibilities. For example, individuals must reasonably believe that they or others are in immediate danger before using deadly force, and they must also take steps to avoid confrontation if possible.

In order to fully understand the Castle Doctrine and Stand Your Ground laws in Missouri, it is recommended that individuals consult with a legal professional or take a firearms training course approved by the Missouri Department of Public Safety. This will not only help you to understand the laws, but also ensure that you are prepared to act in a self defense situation.

Having a CCW permit also provides added protection under these laws, as it demonstrates that the individual has met the eligibility requirements and completed the necessary training to carry a concealed weapon.

The Castle Doctrine and Stand Your Ground laws in Missouri provide important legal protection for individuals who use firearms in self defense situations. Understanding these laws and obtaining a CCW permit can help ensure that you are prepared and protected in the event of an emergency.