What 'Stand Your Ground' Laws Mean in Missouri
Understanding Missouri's self-defense law for gun usersBy Super Lawyers staff | Reviewed by Canaan Suitt, J.D. | Last updated on April 25, 2023
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In recent years, “stand your ground” laws have been enacted in a number of different jurisdictions throughout the country. In fact, according to data provided by the National Conference of State Legislatures (NCSL), at least 28 different states have some form of “stand your ground” law on the books.
While there are certainly many similarities in these statutes, all gun owners should know that the “stand your ground” laws do vary from state to state. Therefore, you need to understand the law in your own jurisdiction.
Missouri’s Stand Your Ground Law
Before the “stand your ground” law went into effect, guns owners in Missouri who were facing an imminent threat from another party had a duty of retreat—assuming it was possible to do so. Under the old system, one could only use deadly force in self-defense if retreat was not possible.
That is no longer the case under Missouri Revised Statutes 563.031.
If a person is in a place where they are permitted to be, whether it is their home or other property, they have the right to use of deadly force in self-defense or in defense of another innocent party—even if they potentially had the opportunity to safely retreat.
To be clear, a person can only use deadly force in defense if they have a reasonable fear that the alleged offender is presenting them, or another innocent person, with an imminent threat of deadly force or bodily harm. Further, a person who is deemed to be the aggressor in a confrontation that turns deadly will be deemed ineligible to raise a “stand your ground” defense.
Raising a “Stand Your Ground” Defense is Complicated
Under Missouri law, “stand your ground” is an affirmative defense. Essentially, this means the defendant, while potentially conceding the underlying allegations, presents facts which, under state law, justifies or excuses any criminal liability. There are very strict procedurals requirements for raising an affirmative defense.
Missouri’s stand your ground is a complicated legal defense. Law enforcement and prosecutors may be skeptical of a “stand your ground” claim after a fatal shooting. Prosecutors may view the case differently and, for whatever reason, decide that the defense’s protection does not apply. They may push forward with serious criminal charges—even murder charges.
Defendants seeking to raise this defense should speak to an experienced Missouri criminal defense lawyer immediately. Ask informed questions such as:
- As a homeowner, am I justified in using deadly force to defend myself under the castle doctrine?
- What level of physical force is permitted in defending myself or my private property?
- What can I do if someone is trespassing on my property?
- Does stand your ground apply in public areas?
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