HCS SCS SB 62 & 41 -- DEFENSIVE USE OF FORCE AND FIREARMS

SPONSOR:  Goodman (Ruestman)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 7 to 1.

This substitute changes the laws regarding the defensive use of
force and firearms.  In its main provisions, the substitute:

(1)  Allows individuals to defend themselves from an imminent
attack as long as the person using defensive force has a right to
be in the area where he or she is threatened or attacked;

(2)  Allows individuals to use deadly force against those who
unlawfully enter dwellings, residences, and vehicles.  The
substitute does not allow the use of deadly force against anyone
who has a legal right to enter a dwelling, residence, or vehicle
including those who are not subject to a restraining order
prohibiting them from entering these places; anyone seeking to
remove his or her child or grandchild or any other minor over
whom he or she has legal custody from a dwelling, residence, or
vehicle; or anyone who is known or should reasonably be known by
the person using defensive force to be a police officer;

(3)  Creates an exemption to the general rule that deadly force
may be used to defend against individuals illegally entering
dwellings, residences, and vehicles if the person using defensive
force is engaged in an unlawful activity or is using the
dwelling, residence, or vehicle for unlawful purposes;

(4)  Allows remedies including the award of attorney fees for
anyone acquitted of civil or criminal wrongdoing because he or
she engaged in legitimate self defense as specified in the
substitute;

(5)  Makes state restrictions on the transfer of concealable
firearms identical to the federal restrictions.  The penalty for
an illegal transfer of concealable firearms is reduced from a
class A misdemeanor to an infraction punishable by a fine of not
more than $100.  The permit requirement for the purchase of a
concealable firearm is repealed; and

(6)  Allows police or sheriffs' departments to sell or trade
certain confiscated firearms to licensed firearms dealers and
exempts federal flight deck officers from the crime of unlawful
use of weapons under certain circumstances.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill changes the common law
doctrine that requires a duty to retreat in situations where an
individual is breaking into another person's home.  Families need
the legal right to protect themselves from criminal invasions.

Testifying for the bill were Senator Goodman; Daniel Smith; Tim
Oliver; Stuart Strickler; Don Gaikins, Sr.; and National Rifle
Association of America.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am