MO-First Defensive Use of Legally Transported Firearm Under New Law

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Jeff White

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Well it didn't take long. Comment on KMOX Radio this morning was positive. Their liberal 9-11 host commented that maybe criminals would think twice because they didn't know who was armed.


Man repels 3 robbers by firing hidden pistol
By Heather Ratcliffe
Of the Post-Dispatch
03/11/2004


Robbers pointed a gun at Bryan Rutherford and demanded that he hand over valuables from his pickup Tuesday evening in Lemay.

Rutherford didn't pull out cash or jewelry. He pulled out a .22-caliber pistol hidden in his vehicle and opened fire in what authorities believe is the first instance of self-defense with a concealed firearm since the Missouri Legislature loosened the state's gun laws.

The man holding what turned out to be a BB gun on Rutherford was hit several times in the torso before he and two accomplices fled. Three suspects were later captured and charged.

Rutherford was uninjured.

The precise status of the concealed carry law at the time Rutherford fired is cloudy. But in any event, St. Louis County Prosecuting Attorney Robert McCulloch said Thursday that Rutherford would not be charged.

Concealed gun opponents asked the Missouri Supreme Court on Thursday for a rehearing on their claim that the state failed to provide full funding for sheriffs' new duties to process applications and issue permits.

On the same day, St. Louis County police said they would continue to refuse applications for concealed firearms permits, saying the county expects to challenge the new law as an illegal unfunded mandate.

The new law allows someone meeting certain qualifications to obtain a concealed carry permit, and separately allows a person over 21 who otherwise is entitled to possess a weapon to carry one concealed in a vehicle even without a permit.

It was unclear whether Rutherford, 36, of De Soto, had obtained a permit. Records of them are not public. But under this circumstance, it does not appear that one would be needed.

Rutherford could not be reached for comment Thursday.

McCulloch said that, technically, motorists do not have the right to carry weapons in their vehicles until the court's decision is final.

But Missouri Attorney General Jay Nixon and St. Louis Prosecuting Attorney Jennifer Joyce disagreed.

"Bottom line, the decision is not final but . . . the law is effective," Nixon said.

Said St. Louis County police Lt. Jon Belmar: "He shot a man holding a gun on him. This appears justifiable use of force in defense of his own life."

While it is difficult to check every jurisdiction, police in the St. Louis and Kansas City areas said Thursday they were unaware of any other use of a concealed weapon by a crime victim since the law was passed.

Police said Rutherford was on his way to a friend's home after he got off work about 10:30 p.m. Tuesday. He pulled his truck into a parking lot in the 1600 block of Blue Ridge Drive, and another vehicle followed him.

When Rutherford got out, two men accosted him with what appeared to be a handgun. They took his wallet and told Rutherford to get more items from his truck.

Rutherford pulled his pistol from a pouch and fired several times. One of the men jumped into the passenger seat of a van that sped away.

Bobby Washington Jr., 19, of St. Louis County, ran several yards and collapsed where police found him. Washington, of the 1700 block of Dellwood Court, was expected to recover from his wounds, police said.

County police stopped a van a few minutes later on Lemay Ferry Road and arrested Terrell Scott, 19, of the 6200 block of Julian Avenue in Wellston, and Keon White, 19, of the 12300 block of Horizon Village in St. Louis County.

Each was charged Wednesday with first-degree robbery and held with bond set at $50,000.

Gun opponents said such incidents raise concerns.

"I wonder whether (Rutherford) could have gotten away," said Jeanne Kirkton, an opponent of concealed weapons and former official of the Million Mom March. She added, "If he couldn't, this certainly seems justified as self-defense."

Kirkton recalled a similar incident in north St. Louis County in April 2003 when Delvin Hester, 22, pulled a weapon from his car in self-defense to resist an armed robbery. Hester and the gunman fired shots. Hester was killed

"Things are like this are going to happen," Kirkton said. "Sometimes the good guys are going to win and sometime they won't."

The Associated Press contributed to this report.

Reporter Heather Ratcliffe:
E-mail: [email protected]
Phone: 314-863-2821
 
Sounds good to me. .. maybe this is the ''kick-off'' for figures that after a year will show an obvious drop in armed robbery and attacks .. simply because .... the good guys can shoot back.

Remember what Preacherman said about jailbird's biggest fear?? Yep - ''the armed citizen''.

An armed society is a polite society''. Well .. considerably more polite anyways!:p
 
I always like to hear stories of bad people getting shot and the good guys coming out unhurt. I kind of hope Mr. Rutherford rethinks his carry choice. A .22 is better then nothing, but .40, or .45 is a whole lot better then a .22.
 
Kirkton recalled a similar incident in north St. Louis County in April 2003 when Delvin Hester, 22, pulled a weapon from his car in self-defense to resist an armed robbery. Hester and the gunman fired shots. Hester was killed

What the :cuss: does that have to do with anything? Is she ACUTALLY suggesting that if Mr. Hester had cooperated, he would have lived?

Please lady, crawl back under your rock and hope for the best. In the meantime, I'll prepare for the worst....
 
SEE???
Blood running in the streets already, I tell ya. (I almost made an ethno incorrect pun of that but decided to take the higher road and limit it to blood-singular as opposed to plural)

OK we know that a .22 beats a BB gun, the law works and according to Ms Kirkton, sometimes even the blind pig finds an acorn on a lucky day... maybe.

Good for Mr Rutherford, good on the StL. police LT , Prosecuting Att'y and State Att'y General. They actually get it.

Hopefully Keon, Terrel and Bobby (who's lucky Rutherford used a .22) and their friends "Get it" after "getting it".

Mr Rutherford should get a little larger caliber, since some people's kids do seek revenge when "dissed" for doing their job.

Think Bobby's momma will sue the evil Mr Rutherford?
 
"St. Louis County Attorney Robert McCulloch said Thursday that Rutherford would not be charged."

Are you kidding me?? WOW! This guy really dodged the bullet ;)
 
Didn't take long, eh?

Hooray for the good guys.

Ironically, St. Louis County is still refusing to issue carry permits and is planning to challenge some part of the law in court again.

They are using the Hancock Amendment issue, but we know what the real agenda is.
 
Bobby, Terrell, and Keon, this time you don't go to juvenile court. You'll get to go to the big house! Hope you punks know how to fight, cause they don't allow no BB guns in up there, and them other inmates get mighty lonely.
:what:
 
Let's chip in and get Bobby, Terrell, and Keon each a "soap on a rope" so they won't have to worry about bending over in the shower. At least for a few days.

Nah, just get a big box of ear plugs for the guards instead!

"Yo sho gots a purty mouth boy." :evil: :neener:
 
Please post the URL for articles that are reprinted here.
GlockTalk is not a quotable source.
 
Have we got anyone here from St. Loius? Maybe we should elevate this guy to hero status? Let's take up a collection, a buck or two each, a St. louis resident, and a few emails to the St louis paper. our high road member cantact the shooter, and take him to a gun shop to select a more suitable pistol, which we pay for and donate, with local news coverage. Any bets it would get picked up and go national?

What say ye all?
 
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