Hey fish, why ya' limpin'?
This is a discussion on Good: A shot in the fanny helps nab one within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; ...of two home invaders who attempted a broad daylight robbery... Home owner wasn't properly prepared to meet them at the door armed, but was able ...
...of two home invaders who attempted a broad daylight robbery...
Home owner wasn't properly prepared to meet them at the door armed, but was able to get to his firearm and shoot them on the way out.
Story here: http://www.stltoday.com/news/a-bulle...9bb30f31a.html
It could be worse!
Bet he will be eating his meals standing up.
When you have to shoot, shoot. Don't talk.
"Don't forget, incoming fire has the right of way."
Another weak end shot to heck - and deservedly!
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Perhaps some of the Missouri carriers could chime in on the legality.
Missouri Revised Statutes
Defense of Justification
1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person ...
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself ... or another against death, serious physical injury, or any forcible felony;
[EDIT/Note: escaping after having committed a forcible felony ISN'T mentioned.]
5. .. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
SYG in Missouri provides legal cover for those believing they're in immediate and impending risk of death or serious injury, with no duty to retreat. Reasonable force is allowable in cases of forcible felonies, but only to the extent a person is in imminent and immediate risk of death or serious harm.
However, Section 563.031.2.(1) does not specify that fleeing felons constitute an exception to that limitation on use of deadly force. In the case of use of deadly force, Section 2 clearly specifies only impending or active forcible felonies, not during escape after conclusion of them.
Perhaps I'm reading too much into this, but it looks like this Missouri statute makes a clear distinction as to when believable imminence of death or serious injury fails to exist, and that it doesn't exist at the point of fleeing.
In some states, there's specific language in the statutes in which it's presumed one has reasonable fear of imminent death/injury based on the mere fact a forcible felony is about to occur, is occurring or has occurred, if in one's home when it happens (so long as not the initiating aggressor, etc). But Missouri doesn't appear to have that lingo in the statutes.
Q for Missouri carriers: True, in practice? Or, has the Missouri SYG statute actually been reliably applied (and won) in cases of firing upon fleeing felons?
Sometimes a man's job can really be a pain in the butt.
Sometimes a dirtbag with a gun and leaving the scene has turned to fire his weapon...no sense in letting that happen.
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
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