Castle Doctrine sets different standard on self-defense than CCW law

by Kristin Nelson, KY3 News

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By Gene Hartley

SPRINGFIELD -- The Castle Doctrine has been on the books in Missouri for a couple years but one lawmaker says it is still often misunderstood. That’s why Sen. Jack Goodman, R-Mount Vernon, is trying to clear up any confusion about a person's right to act in self-defense.

With the recent case of a man from Springfield who shot at a purse thief, many viewers asked about the rights of people with conceal-and-carry weapon (CCW) permits, along with the Castle Doctrine.

Goodman authored the law. He says the most recent version of the Castle Doctrine states a law-abiding homeowner can assume that someone who breaks into his home is there to do him bodily harm and can fully defend himself against that intruder.

Prior to this state law passing in Missouri, a homeowner had a duty to retreat or had to wait for a physical attack to be initiated before defending himself. Goodman says, too often, homeowners were finding themselves in the middle of a court battle, and sometimes facing civil lawsuits while only trying to protect their families.

"I'm going to start defending my family before I’m hurt. The moment I see that someone has broken into the home, I'm going to assume they are there to do harm to my family and I'm going to stop it, and the Castle Doctrine says you can do that,” said Goodman.

Goodman says the last thing anyone would want is to have to wait to be attacked before defending his family while someone is breaking into his home. Under the Castle Doctrine, you don't have to do that.

This differs from the CCW law in the sense that, under that law, you can’t defend yourself with a gun against someone trying to steal property when you’re outside your home. The Castle Doctrine allows lethal force if someone is breaking in; CCW law says, when someone is causing an imminent threat to you or another person, you can shoot at him but not if he is only threatening property.

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