Dan Terry: The Gun Zone on the Castle Doctrine

by Dan Terry

In 2001, a Callaway county man shot and killed a burglar, who with two accomplices had attempted to rob him. While no charges were filed on the homeowner, the parents of the suspect filed a wrongful death suit. The homeowner was in and out of court, living with the stress of the situation along with paying for his own attorney, until the case was dismissed in 2004.

On July 6, 2007, Governor Matt Blunt signed into law the Missouri Castle Doctrine. The law was passed with incredible support, with a vote of 151 to 6 in the House and 29 to 3 in the Senate. It is based on English Common law, which designates one's place of residence a place protected from violent attack. In other words, "A man's home is his castle," and he may protect it with deadly force. 

Up until this time, Missourians had a "duty to retreat" under the law. This meant that, if someone broke into your home, your first duty was to escape, leaving your home and belongings to the criminal. Today, British law holds this duty to retreat, and has jailed people for using knives, guns or clubs in self defense. They call the charge "vigilanteism".  With the passing of the Castle Doctrine, sometimes called the "Make my Day" law after the famous Dirty Harry movie line, Missourians no longer have this duty to retreat or any reason not to defend themselves.

To quote the law directly, "Any person may use deadly force when it is used against a person who unlawfully enters or remains after unlawfully entering. or attempts to unlawfully enter a dwelling, residence or vehicle lawfully occupied." Revised Statutes of Missouri, 563.031.2

Not only your home, but your vehicle is covered under the law, allowing you to use deadly force against carjackers.

And in reference to the lawsuits such as mentioned above, the law states: "a person who uses force as described . . . is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability." It goes on to say "The court shall award attorneys' fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action if absolute defense is found."  Revised Statutes of Missouri, 563.073

This means that if a victim who is forced to kill an intruder is sued for the death, and if the absolute defense is decided upon, then not only will the victim be free, but the other side will be required to reimburse you for the cost of court, your attorney, and any reasonable fees incurred.  This, I believe, will stop frivolous lawsuits from clogging the court system.

There are limits to the Castle Doctrine. Recently, there was a case in Springfield in which a man shot at a purse thief as he ran away. If you're not in your home, and your life or your family's lives are not in danger, then shooting someone would not be advisable or defendable. Under the laws for Carrying a Concealed Weapon, you could not kill someone for merely stealing off your property. Under CCW alone, a citizen could only use his firearm when there was an imminent threat to himself or another. The Castle Doctrine allows for leathal force if someone is breaking into your home or your vehicle while you're inside it. And, of course, a person defending his home from the scum of society would no longer fear legal reprisal.

The Castle Doctrine started in Florida, and currently over 23 states have passed it or similar laws.  However, the laws differ from state to state. Remember, in Missouri, you can not stand at the window of your home and shoot at a car thief or purse thief. The overriding section of the law is you or another person MUST be in imminent danger of death or serious physical danger. If you're inside your own home, and some derelict sneaks in through a window, breaks down the door, or in some way unlawfully enters your castle, you may assume he is there to offer you or someone inside physical violence, and may react with deadly force, but only in your home or vehicle. Walking down the street, regular CCW laws still apply.
 
Over the course of the past six years, since Missouri passed the Concealed Carry Laws, students have ran the gamut from three Goth-style youths complete with black nail polish (on the men ) and facial jewelry to several World War II combat veterans. We've taught doctors, lawyers, firefighters, retirees, construction workers, school teachers, and as many other professions as you can guess. Each and every one of them (even the lawyers, but don't tell them I said it!) were good men and women, honest and caring. Not one of them would ever want to have to kill anybody. I have no doubt that any or all of them would consider the consequences, time permitting, and not one would kill someone while the suspect was attempting to flee. As I encourage them to remember, they have to live with themselves if they take a human life, especially for some trivial reason. It's a burden I wouldn't wish on anyone. A bullet has no brain, no guidance system, and can not tell a good person from a bad one. Once you've fired it, you cannot call it back. Please, do not take the Castle Doctrine as a license to kill. It's cheaper to be a witness than a defendant.

Dan Terry is the Assistant Chief of Police in New Haven. He offers an eight-hour concealed-carry class several times a year in New Haven. Terry has been giving this class for six or seven years and is certified to instruct by the NRA, FBI and Missouri State Highway Patrol. His class includes time in the classroom and a marksmanship portion on the firing range. The next class starts May 23 and the cost is $100. NRA members and First Responders have a reduced cost. Anyone interested should contact him at 573-237-4798.