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Columbia Missourian

Deadly force bill revived

By CHRIS BLANK The Associated Press
February 16, 2007 | 12:00 a.m. CST

“Castle Doctrine” bill allows self-defense in homes and cars.

JEFFERSON CITY — The House voted Thursday to expand the right for potential crime victims to use deadly force against their attackers.

House members endorsed a bill barring civil lawsuits against people who injure or kill someone attempting to enter their home or car.

The bill would in most cases make an intruder’s mere presence grounds for using deadly force. That would not apply when someone using deadly force was breaking the law when confronted or when the intruder is a police officer engaged in official business.

Missourians already are allowed to use deadly force when they have a reasonable belief of harm or believe it necessary to protect themselves and to stop a home trespasser from committing arson, burglary or physical violence against someone else.

Rep. Kenny Jones, R-California, Mo., said the proposal clarifies common sense.

“A man’s home is his castle, and he has a right to defend it,” Jones said.

Rep. Jeff Roorda, D-Hillsboro, said that the bill essentially “takes the castle doctrine on the road” and allows drivers to defend their cars just as people in their homes can defend their residences.

But a critic of the bill said it challenges court rulings on the limits of self-defense.

“We are hitting the reset button on self-defense in Missouri,” said Rep. John Burnett, D-Kansas City. “We are going to restart a 10-, 20- or 30-year cycle of case law.”

About half the states already have at least considered similar laws, and the National Rifle Association has supported similar “Castle Doctrine” bills in several other states.

Last session, a similar measure was approved by the House but never voted on in the Senate. That bill specifically exempted from prosecution those who use deadly force against an intruder while spelling out that Missourians don’t have to retreat from an intruder.

The bill approved by lawmakers on Thursday was amended on the floor to remove provisions that exempted those who defend their homes from arrest, detention or prosecution.

Rather than an absolute right not to retreat, the bill would permit Missourians not to retreat to protect themselves or others and to prevent a felony.

The bill needs a second vote in the House to move on to the Senate for consideration.