HB 189 -- Defensive Use of Force

Sponsor:  Jones (117)

This bill changes the laws relating to the defensive use of
force.  In its main provisions, the bill:

(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 bill
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 unlawful activity or is using the dwelling,
residence, or vehicle for unlawful purposes; and

(4)  Provides 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 bill.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am