HB 1461 -- Defensive Use of Force

Sponsor:  Ruestman

This bill allows the justifiable use of deadly force in several
new circumstances against persons who pose an imminent threat of
harm.  The duty to retreat before using either deadly force or
mere physical force is not required as long as the person using
deadly force or physical force is not unlawfully present at the
location where the altercation occurs.

Anyone who takes actions that create a reasonable fear of
imminent harm in another person and who unlawfully enters or
remains in vehicles, ships, airplanes, churches, schools,
government offices, entertainment establishments, public
transportation, or any structure where a person lives or conducts
business may be subject to the legitimate use of deadly force.

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.

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