I am curious to hear from other Missourians who may be more knowledgable regarding this law passed last year for information/opinions. It is my understanding that this also decriminalizes the carrying of a loaded and concealable firearm (Pistols/Revolvers) in ones vehicle? For those of us Law Abiding Citizens whom do not currently hold CCW Permits. Is this an accurate assumption on my part or not?
“Castle Doctrine” law does the following:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, so the occupant may use force, including deadly force, against that person.
Two: It removes the “duty to retreat” if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.
Three: It provides that persons using force authorized by law shall not be prosecuted for using such force. It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them. In short, it gives rights back to law-abiding people and forces judges and prosecutors to focus on protecting victims.
The above was taken from the NRA website…
For several years now, it has been legal to have a loaded pistol in your car if you are over 23 yrs old. This happened the sametime the CCW law went through. It did state the approved locations to have your weapon as in the glove box or under the front seat. It only related to pistols as having a loaded rifle in your car could result in ‘road hunting’ and not usually protection.
I hope that helped.
rat,
Most states have legal resources online and if not the public library will have the Missouri criminal code or whatever it is called there available. What I do when I move to a new area is consult the legal references and read through them. The only reason I say this is that you can be assured that the information you are receiving is correct as it will be the standard to which you will be held.
Read and understand what the law says about “deadly force” or “justifiable homicide” in you locale. Same goes with CCW laws.
rat,
In a nutshell, yes. You may have a loaded handgun in your vehicle that is readily accessible if you are at least 21 yrs old. You could even have it on your person in your vehicle without CCW but don’t exit your vehicle with it on. I personally wouldn’t promote this practice as you never know how well versed an LEO is if he was to pull you over. I would just keep it in the center console myself. I still believe there are stipulations as far as carrying a longarm loaded but I can’t say for certain.
As far as the Castle Doctorine goes, it’s a little “iffy” on the duty to retreat. Prior, you had to retreat if even in your house. The Castle Doctorine took away the duty to retreat while in your house or car. The loophole that says “any place you’re lawfully allowed to be” is a little gray and I would hate to be the case study to prove it one way or another if I was anywhere but my house or vehicle. Of course, as long as there is only one side of the story, it should be a non-issue as far as whether you retreated or not.
Here’s a link to our state gun forum that has many members directily involved with getting CCW and the Castle Doctorine passed. They would be able to really give you the lowdown on it much better than myself.
http://www.missouricarry.com/forums/index.php?sid=14f5a53d7502e0fa8935de8fb8c17a2e
Hope this helps some.
Thanks for the responses guys, they have proven helpful. I will continue to research the issue more. I do intend on taking a CCW Permit class come spring that is unless the New Govenor and POTUS take the rights away…:rolleyes: