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Deadly-force bill moves closer to law
The Kansas City Star ^ | April 6, 2006 | KIT WAGAR and TIM HOOVER

Posted on 04/09/2006 4:16:43 PM PDT by MissouriConservative

EFFERSON CITY — The Missouri House gave preliminary approval Wednesday to legislation that would give legal protections to people who use deadly force against intruders into their homes or vehicles.

Supporters praised the bill for bolstering victims’ rights, giving homeowners protection against malicious lawsuits and providing drivers greater authority to fight back against carjackers.

Rep. Curt Dougherty, an Independence Democrat, spoke for many supporters when he praised the bill for eliminating a provision in current law that requires a person to try to retreat from a confrontation inside a dwelling or vehicle before using deadly force. Such a requirement, he said, encourages crime.

“Let’s let criminals wonder whether this could be their last crime,” Dougherty said. “I say to criminals, ‘Do you feel lucky, punk?’ ”

Critics said current law already allows people to defend themselves. They warned that the bill would encourage gunplay, could lead to the shooting of innocent people and could be abused to help gang members get away with murder.

The bill would expand the definition of justifiable use of deadly force. Current law requires a person to believe that deadly force is necessary to protect himself or another person from serious injury or from becoming the victim of a serious crime. A person has an obligation to avoid a deadly confrontation if possible.

Under the bill, a person would be justified in using deadly force against a person who illegally enters, attempts to enter or remains in a home or vehicle without permission. “Home” would include a hotel room, apartment, tent or other habitable structure.

A person who used deadly force against an intruder would not be subject to criminal prosecution or liable for civil damages.

The bill’s sponsor, Republican Rep. Marilyn Ruestman of Joplin, said the change would give homeowners the right to stop an intruder breaking into their home without having to determine whether the intruder intended to harm them.

Rep. John Burnett, a Kansas City Democrat, said the bill was unnecessary. It would not give anyone added protection but would encourage people to use deadly force, he said. He recalled a conversation with other lawyers in which he was asked whether he supported the death penalty for home burglaries.

“I replied, ‘At my house I do,’ ” Burnett said. “Existing law gives me the right to defend my house, my family and my property. If you break into my house, you do so at your peril.”

Rep. Rick Johnson, a High Ridge Democrat, complained that the bill was so vague that it could lead to tragedy. He said the bill didn’t require a homeowner to exercise reasonable care before opening fire. If a person came to an open front door and leaned in to call the homeowner’s name, the visitor could be risking his life.

Others worried that the bill would allow a gang member to invite a rival to his home. The gang member could kill the rival inside the home and call it justifiable.

House members dismissed the criticisms, approving the legislation on a voice vote. It must receive final approval before heading to the Senate.

The legislation is House Bill 1461.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: Missouri
KEYWORDS: crime; deadlyforce; selfdefense

1 posted on 04/09/2006 4:16:48 PM PDT by MissouriConservative
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To: MissouriConservative

How idiotic that a "law" has to be passed so that you don't get sued defending yourself? That is why I always say, aim to kill, a dead intruder tells no tales.


2 posted on 04/09/2006 4:21:39 PM PDT by MissouriConservative (People demand freedom of speech to make up for the freedom of thought which they avoid - Kierkegaard)
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To: MissouriConservative; Dan from Michigan; Lazamataz; Texaggie79; blam; Travis McGee; Jeff Head; ...

We just signed a similar "Castle Law" into effect here in Alabama this month.

This is going to be yet another national trend, as state after state passes Castle Laws to stop left-wing prosecutors from abusing their offices by prosecuting the *victims* of home invasions.

And like the last national trend for Concealed Carry, the national news media (read: Sunday Morning Talking Heads) will never see it coming.

3 posted on 04/09/2006 4:29:39 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: MissouriConservative
Bookmarked.

Tragic - criminals and gang members hit hardest. Thieves, rapists, and murderers soon to demand safer working conditions. Hippies continue to smell.

4 posted on 04/09/2006 4:30:23 PM PDT by M203M4
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To: Southack

These trends are a beautiful thing. Missouri pass Conceal and Carry and now it has affected Kansas, which just became the latest state to pass Conceal and Carry....and it was due to Missouri passing its law.

Now we have these castle laws passing, it can only get better. I am just so pissed that it takes a law to protect the victims from the law.....and the law calling the bad guys the "victims". Maybe we can start a movement to elect Conservatives into prosecutors offices?


5 posted on 04/09/2006 4:33:35 PM PDT by MissouriConservative (People demand freedom of speech to make up for the freedom of thought which they avoid - Kierkegaard)
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To: M203M4

The part about gang members luring rivals into their homes to shoot them just broke my heart. So they kill each other?


6 posted on 04/09/2006 4:34:29 PM PDT by MissouriConservative (People demand freedom of speech to make up for the freedom of thought which they avoid - Kierkegaard)
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To: MissouriConservative
"Others worried that the bill would allow a gang member to invite a rival to his home. The gang member could kill the rival inside the home and call it justifiable."

If true, it seems like a way to expedite the elimination of gangs. LOL

7 posted on 04/09/2006 4:45:33 PM PDT by Cobra64
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To: MissouriConservative

Lawyers will accept the deceased crook's family as clients. They want all the money the bum could have stolen if you hadn't resisted him.

And the lawyer gets half.


Tort law reform.


8 posted on 04/09/2006 4:45:54 PM PDT by Donald Meaker (You don't drive a car looking through the rear view mirror, but you do practice politics that way.)
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To: MissouriConservative
“I say to criminals, ‘Do you feel lucky, punk?’”

Well put.

Let the luck of the "draw" be placed upon the instigator and not the victim for a change!

9 posted on 04/09/2006 4:47:46 PM PDT by EGPWS
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To: MissouriConservative
Rep. John Burnett, a Kansas City Democrat, said the bill was unnecessary.

A shocking revelation that is....

10 posted on 04/09/2006 4:50:26 PM PDT by EGPWS
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To: MissouriConservative
The NRA is killing (figuratively) gun control and its promoters. After they finally get it made mandatory that every household has to own a belt fed weapon, maybe they can start taking on the tax and spenders and the anti-smoking Nazis.

The NRA is the only organization in the US today that is actually expanding our freedom. I am truly amazed and thankful. It's just too bad that we're only getting our right to bear arms back, and all the others continue to erode.

11 posted on 04/09/2006 6:09:09 PM PDT by Hardastarboard (HEY - Billy Joe! You ARE an American Idiot!)
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To: Hardastarboard
"It's just too bad that we're only getting our right to bear arms back, and all the others continue to erode."

Perhaps. However, the 2nd ammendment is our most important right. So naturally it should take take the lead in the fight to restore our rights. Be patient. More is coming, because how can any government refuse to negotiate with a well armed society?

12 posted on 04/09/2006 6:27:37 PM PDT by Bob Mc
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To: Hardastarboard

The 2nd Amendment, in my opinion, protects the others. As long as society is armed, the others will not go away, but can be eroded over time. We must work as hard on the other rights as we have on the 2nd Amendment and things will go back to the way they should be.


13 posted on 04/09/2006 7:23:34 PM PDT by MissouriConservative (People demand freedom of speech to make up for the freedom of thought which they avoid - Kierkegaard)
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To: MissouriConservative
“I say to criminals, ‘Do you feel lucky, punk?’ ”

Well, do you, punk?

14 posted on 04/09/2006 8:38:25 PM PDT by Huntress (Possession really is nine tenths of the law.)
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