home defense questions

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I can't speak for Missouri, but in South Carolina that is -exactly- what they had in mind.

What the law in Missouri says is that deadly force is not permitted unless the person against whom it is used has entered an occupied dwelling (or automobile) "without license". That seems a lot less restrictive than the following:

If someone forcibly enters my home while I am there, it is =assumed= they intend to do me serious bodily harm and I can act accordingly, including the use of deadly force, to stop the threat.

Does that mean I can shoot them, casually walk up to them as they lie on the floor unconscious, and but a "coup de gras" into their brain? No, it does not. As there then is no threat, that would be murder, not self defense.

I can use deadly force to stop the threat, but once the threat is gone, I must cease and desist.

And that is almost exactly how the Missouri law was explained in my State-designed CCW class, and it seems most reasonable to me. The operative words would seem to be to stop the threat. Regarding the statement "once the threat is gone, I must cease and desist," I was told that if the intruder attempts to leave I may not shoot. That is consistent, I think, with Garner v. Tennessee, which of course takes precedence over any state law. But it's not the way the law would seem to read, taken by itself. As Fiddletown and the Arizona attorney Michael Anthony have explained, laws must be interpreted within the context of other statutes, case law, and the Constitution. And that was my point.

So--I interpret what I am permitted to do the way I understand your explanation of the South Carolina law, and not the way one might interpret the law out of context and using lay dictionary definitions.

I imagine that the absence of the term "forcibly" in the Missouri law was intentional, and was intended to remove from the resident any obligation to present evidence that the entry was, for example, not made by means of stealth, but that's just lay speculation.
 
I imagine that the absence of the term "forcibly" in the Missouri law was intentional, and was intended to remove from the resident any obligation to present evidence that the entry was, for example, not made by means of stealth, but that's just lay speculation.

That would be even less restrictive than the SC law then. Here an intruder has to at least open a door or window to trigger the castle doctrine. It would appear that in Missouri they need only enter the dwelling. A bit more enlightened than the SC law perhaps?
 
I don't think I could honestly shoot to wound a man standing in my bedroom. I don't even think I would wonder if he was armed. I do however think I'd naturally assume if he was in my room or house for that matter uninvited, especially at nite, that he was there to harm me or my family and the chest seems to be the biggest target. Hopefully IF the time ever comes it is automatic.

What I need to know is if a intruder kicks my door in at 4 am (forced entry, no unlocked doors/windows etc) at what point I am allowed by law to shoot (or if I am allowed at all). Is this something that will be laid out in a specific law? And are these laws available online for my state? This is one of the only situations I will need to fire my gun for ( in the event of home defense, for its one of the only reason I purchased my gun. I am stuck in a bad area for another 5 months)

Exactly. If somebody busts into my apartment in the middle of the night, he's not there to borrow a cup of sugar. But the last thing I'd want to do is get screwed in court because oops, turned out he wasn't armed and "well, y'never know, maybe he DID want sugar," or to have the "ability" argument thrown out because "well, you AND your partner were both home and that's two against one so he didn't have the ability to hurt you" or some ****.

In my mind, spending life in prison is NOT preferable to death, frankly--that's no life at all and not one I'd want to live.

Always been confused by this section from the UseofForce site:
Does the Preclusion standard mean that an ultimatum like “give me your money or I’ll hurt you” requires you to, well, give him your money? Unless you honestly believe that he may hurt you anyway, yes. The law values “life and limb” above property. Or you can refuse, but you may not respond with a fist. He’s giving you a choice, which, by definition, means that you still have options other than force.

This implies that if someone tells me to give them my money, and I say no, and they then try to hurt me, that I have to take it and can't defend myself because I didn't utilize the "option" of giving them my money? Or am I reading this incorrectly?
 
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