Self Defense Law in Missouri
Missouri expanded its so-called “stand your ground” law to include anywhere a person has the legal right to be. In other words, you do not have a duty to retreat from conflict even if you are outside your home or car. However, this does not mean self-defense is always an appropriate defense to homicide. You still cannot be the “initiator” of conflict, for example. But do these qualifiers also apply to Missouri’s castle doctrine?
Missouri’s Castle Doctrine
Just because Missouri has enacted a castle doctrine does not necessarily mean that a homeowner is justified in using deadly force against trespassers in all cases. Section 563.041 says that the use of deadly force is lawful when protecting against a reasonable fear of property damage or tampering “only when such use of deadly force is authorized under other sections of this chapter.”
This refers to section 563.031.2, which states: “A person shall not use deadly force upon another person . . . unless such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person.”
That would appear to say homeowners can use deadly force against any trespassers.
First off, the McCloskey’s did not use deadly force. But, it seems pretty clear that ONE of the justified uses is if the trespasser is INSIDE a place - and I'm not positive but a “residence” means a home.
10pm at night and a stranger is standing at the foot of your bed is a lot different than one standing or walking on your lawn.
I have no idea why it would be unlawful to have a gun visible as you warn people that are on private property to not come any closer and to “leave us alone”. Pointing guns at people without being ready to shoot them is lousy etiquette and poor safety measures though.
I'd sentence them to a few days of a refresher course on gun laws, safety, and then toss in some free range time.