Understanding Missouri’s Stand Your Ground Law

Understanding Missouri's Stand Your Ground Law

Missouri’s Stand Your Ground law, enacted in 2017, provides individuals with the right to use force, including deadly force, in self-defense without the duty to retreat. Here’s a comprehensive overview of the law and its implications:

Key Aspects of Missouri’s Stand Your Ground Law

No Duty to Retreat

The law eliminates the previous requirement to attempt retreat before using force in self-defense. Individuals can now “stand their ground” if they are in a place where they have a legal right to be.

Use of Force

A person may use physical force, including deadly force, if they reasonably believe it is necessary to protect themselves or others against death, serious physical injury, or a forcible felony.

Location

The law applies to both public and private property, as well as “any other location such person has the right to be”.

Legal Considerations

Reasonable Fear

The use of force must be based on a reasonable belief of imminent danger. The fear of harm must be reasonable, and the force used must be proportionate to the perceived threat.

Affirmative Defense

Stand Your Ground can be used as an affirmative defense in criminal cases. This means the defendant admits to the act but claims it was legally justified.

Limitations

The law does not protect individuals who are the initial aggressors in a confrontation or those engaged in illegal activities.

Comparison to Other States

Missouri is one of 38 states with Stand Your Ground laws. Some states, like Connecticut and New York, still impose a duty to retreat in certain situations.

Controversies and Debates

Impact on Gun Violence

A 2020 RAND Corporation review found supportive evidence that Stand Your Ground laws are associated with increases in firearm homicides.

Application in High-Profile Cases

The law has come under scrutiny in cases like the 2023 shooting of Ralph Yarl, raising questions about its interpretation and application.

Conclusion

While Missouri’s Stand Your Ground law provides broad protections for self-defense, its application is complex and often controversial. Individuals should understand the law’s nuances and consult legal experts when necessary.

Sources:

  1. https://www.superlawyers.com/resources/criminal-defense/missouri/what-stand-your-ground-laws-mean-in-missouri/
  2. https://www.sindellaw.com/blog/2023/07/missouri-stand-your-ground-law/
  3. https://www.combswaterkotte.com/criminal-defense-strategies/stand-your-ground/
  4. https://en.wikipedia.org/wiki/Stand-your-ground_law
  5. https://walkerlawstl.com/blog/missouris-rules-on-self-defense/