Missouri Castle Doctrine Law

by Michelle
(Ohio)

There is a recent case in Missouri where a man shot at purse thieves in order to get a woman's purse back. He shot at the suspects 5 times (three times in a parking lot and twice on the street). The man said he feared for his life when he was in the parking lot. He said he thought the thieves were going to ram their SUV into his car.

The police confiscated the man's gun and he is currently charged with unlawful use of a weapon. This case has caused some confusion because of two laws...the concealed carry law and the castle doctrine law. Some people in Missouri are wondering if the castle doctrine law can be applied in these type of self defense situations.

Under the Missouri Castle Doctrine, a person has the right to defend him or herself if someone breaks into their home. They can assume the intruder is breaking in to do bodily harm to them, so that justifies homeowners to use lethal force if they have to in order to protect themselves.

However, under the concealed carry law in Missouri, you cannot use a gun against someone stealing property outside your home and there is no physical threat from the criminal. If the criminal is attempting to attack you in order to steal your property, then you have the right to defend yourself.

I don't know how the case described above will end. But, generally speaking, chasing a purse thief and firing shots at him does not fall under the concealed carry law in Missouri. The man claims that there was a threat of bodily harm in the parking lot, but he will have to prove that in a court of law.