HCS HB 1461, 1375, 1110 & 1103 -- DEFENSIVE USE OF FORCE

SPONSOR:  Roark (Ruestman)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 4 to 2.

This substitute allows the justifiable use of deadly force in
several new circumstances against persons who pose an imminent
threat of harm.  The duty to retreat is abolished for those
persons using force or deadly force to prevent someone from
unlawfully entering or remaining in a residence, a dwelling
designed for lodging persons, or a vehicle.

Anyone who takes actions that create a reasonable fear of the
imminent use of unlawful force in another person and who
unlawfully enters or remains in vehicles, residences, or
buildings used for lodging may be subject to the legitimate use
of deadly force.  Deadly force will be allowed to protect oneself
against the imminent threat of any forcible felony.

Anyone who uses force in a lawful manner will be immune from both
civil and criminal penalties.  If anyone sues a person who is
ultimately found to have acted lawfully in using defensive force,
the plaintiff and his or her attorney must pay court costs and
any expenses incurred by the defendant as a result of the
lawsuit.

FISCAL NOTE:  No impact on state funds in FY 2007, FY 2008, and
FY 2009.

PROPONENTS:  Supporters say that the bills will allow Missouri to
adopt the "castles doctrine" which works well in other states
such as Florida.  The right to defend oneself has an ancient
legacy and is found in the Bible.  People should be able to
protect their homes and vehicles without the need to retreat in
the face of imminent aggression.  There are numerous crime-ridden
areas in the state where families need the right to protect
themselves from dangerous criminals.  There is also the need to
prevent frivolous lawsuits filed by aggressors, or the families
of aggressors, against the victims of violent crime.

Testifying for HB 1461 were Representative Ruestman; Missouri
Council for Children at Risk; and Kevin L. Jaminson.  Testifying
for HB 1375 was Representative Munzlinger.  Testifying for
HB 1110 were Representataive Wood; and Second Amendment Coalition
of Missouri.  Testifying for HB 1103 were Representative Jones
(117); and Second Amendment Coalition of Missouri

OPPONENTS:   There was no opposition voiced to the committee.

Jason Glahn, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am