The Castle Doctrine In Missouri

BY Herschel Smith
4 years, 3 months ago

PJM.

Anders Walker, a constitutional law professor at St. Louis University, said that although it’s “very dangerous” to engage protesters with guns, the homeowners broke no laws by brandishing or pointing weapons at them because Portland Place is a private street. He said the McCloskeys are protected by Missouri’s Castle Doctrine, which allows people to use deadly force to defend private property.

At any point that you enter the property, they can then, in Missouri, use deadly force to get you off the lawn,” Walker said, calling the state’s Castle Doctrine a “force field” that “indemnifies you, and you can even pull the trigger in Missouri.”

Well that should about cover it.  But leave it to the communist prosecutor bringing charges against this couple to continue the carnival, waste taxpayer monies, and continue her march through the halls of Marxist heroes.


Comments

  1. On July 16, 2020 at 10:41 pm, penses said:

    Two words. Michael Flynn.

  2. On July 17, 2020 at 4:35 am, rondo1342 said:

    I’d like to think the McCloskeys will move out of St Louis, as it’s obvious the city views them as the enemy, but who in their right mind would buy their house??? St Louis, an independent city, not part of St Louis County, has been in a Detroit-style death spiral for years….looked it up a few days ago, St Louis population peaked in the 1950 census, a little above 850k people…..its population now is barely above 300k, and dropping fast…

    Meanwhile, in KC where I live, we might break 500k for the second time in history; KC broke 500k in the 1970 census, but has remained fairly stable since, hovering a bit above or below the 450k mark….current estimated 2019 population is approx 495k…..KC has had only two population declines per the census since 1870; 1980, and 1990. But KC is not an independent city, and is spread over three counties (the least two populous went for Trump in ’16), and so it has to deal with three county gov’ts and thus has constraints on the more crazy leftist buffoonery that the St Louis city “leadership” doesn’t

  3. On July 17, 2020 at 7:25 am, Mark Matis said:

    Two more words: Roger Stone.

    Piggies gonna pig.

  4. On July 17, 2020 at 8:45 am, Jim Bryan said:

    It’s Missouri, so “Show Me” (I don’t trust what the lawyer says). If that’s accurate–that “they can then, in Missouri, use deadly force to get you off the lawn”–then Missouri’s approach to the Castle Doctrine is unique. Generally, elsewhere, the CD applies to “forcible and unlawful” entry into an occupied dwelling or conveyance.

    A prudent man would not trust any “constitutional law professor” who advises that a statute is “a force field” that “indemnifies you.” That’s not the way that serious people communicate on serious legal matters. It’s nonsense. Get better advice. lawofselfdefense.com is a great resource (but not free).

    I do have sympathy for the McCloskeys–certainly NOT for the rioters–but I don’t think the McCloskeys handled the situation in a manner that was safe or legally prudent. As attorneys, they should have known better.

    As Herschel said in an earlier post, they need to get some training so they can safely and effectively defend themselves (we all do). They also need to spend some time defining some boundaries and tactics that are legally defendable. Safe, effective self defense requires significant forethought and practice.

    And do not listen to advice about legal “force fields” and the use of deadly force to “get people off your lawn”. That is just stupid talk.

  5. On July 17, 2020 at 11:33 am, Wes said:

    “Generally elsewhere” is also not advised as guidance.

    Use of deadly force laws can vary more between states than one might suspect, especially reading the precedents that are normally annotated to the statute if one looks them up – i.e., stuff that’s actually been adjudicated; call them lessons-learned, many hard ones.

    The so-called “CD” applies in WI to the residence, whether in or out, and the curtilage thereto and property over which the person has exclusive control. However, one need not be INSIDE their residence to find defense within the law, as well as for a 3rd party (like a good neighbor) who’d be ‘permitted’ to defend themselves in the same way if they had the means. Repelling boarders that have crossed your line will be dependent on the circumstances; and some others are likely to decide for you what your perceived level of threat should be. That’s just one example.

    Bottom line: know the law for the ground on which your feet are planted.
    And never talk to the cops.

  6. On July 17, 2020 at 8:23 pm, penses said:

    “He said the McCloskeys are protected by Missouri’s Castle Doctrine, which allows people to use deadly force to defend private property.” BFD

    Two many words to count.

    From the tower of Babel to the present laws have been quicksand for the innocent. The banana republic, with its bought and paid for kangaroo court system, has done away with what little objectivity the law possessed. Most laws are capricious and passed based on a whim, the passion of a movement or a crusade, for the sole purpose of satisfying a vested interest.

    Trial by jury was a system wherein the jury decided the law and the judge handed down a judgment. The tyrants in robes have taken that power away from the jury and in some instances have instructed juries on what decision they should make and have reversed juries decisions.

    The recent war Trump has had with various judicial courts, where a local or district judge makes an unconstitutional decision based on political adventurism and then applies it to all 50 states, is a good example of what Jefferson meant when he said the law in the hands of a judge is like clay in the hands of a child.

    Now AJs and DAs are flexing their well paid (Soros) muscles and taking the same tack as their leftist friends in the judiciay by ignoring the law and handing down illegal edicts and fiats, not based on statutes but, meant to satisfy various vested interests with leftist agendas, with no fear of retribution by a mongrel, spineless, inept Republican party that owes its soul to Wall Street and the Chamber of Commerce. (Same scenario for masks, distancing and shutdowns.) If there is a bandwagon rolling through town the Republicans will jump on it in a heart beat.

    As for the Supremos, bye, bye Constitution.

    Trump has let the left beat the c–p out of his supporters almost daily with no moral support whatsoever. Then two liberals in St Louis get stiffed and he comments publicly in their support. GAG

    Now we are back to situational awareness or in this case political activism awareness. In this scenario standing your ground only applied to the rioters because they are the “vested interests” that the local law enforcement will support. In simple layman’s terms the Kimberly Gardners of the world are telling America “You can take your private property rights, stand you ground and the Constitution and shove them up your a–.”

    Over the yrs I have developed a habit of reading between the lines of leftist cant. It would be a good habit to form for everyone on the right. In some cases–Lenin, Saul Alinsky, Mao–they are honest and tell you they will give you the rope to hang yourself with. But right now it has to be smoke and mirrors and pretending to hide behind Muh’ Constitution for the local commissars, presenting a pretense of law and order while at the same time ignoring it. ChazI in Seaddled and Chaz2 in Portlandia is the silent scream of the leftist ruling class mantra in its true essence: Here we are. We are here to stay. Go f–k yourself (excuse my French). They are telling you this is our agenda.

    This couple has not been paying attention because they are members of the left and thought themselves untouchable. They are part of the problem and are paying double by supporting the very controllers that blindsided them. They are in my prayers but I have n-o sympathy for them. Reminds me of the video of the man who used his foot in the wood shredder. It was not an accident. It was planned carelessness.

    As Herschel keeps reminding us the CONTROLLERS are feverishly at work while Amerika sleeps.

    OT: At the latest NASCAR event Bubba Wallace got booed during the introductions and cheered whenever he wrecked. NASCAR is so desperate for good publicity before the race they had a crew painting the seats in the upper tiers to make it look like they were full of paying customers. LOL.

  7. On July 17, 2020 at 11:04 pm, Ron said:

    First.

    It’s NOT the Castle Doctrine that they should be talking about.

    What they should be talking about is that Missouri has a “Stand Your Ground” law.

    There is NO duty to retreat if in “imminent threat of deadly harm” ANYWHERE you have a legal right to be.
    The same applies to protecting another person if they are in “imminent threat of deadly harm”.

    PUBLIC or Private, as long as you have a right to be there. [see Missouri Revised Statutes Title XXXVIII § 563.031 below]

    No rule about “within 21 feet” or whatever.

    Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 563.031. Use of force in defense of persons

    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, unless:

    (1) The actor was the initial aggressor;  except that in such case his or her use of force is nevertheless justifiable provided:
    (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force;  or
    (b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046 ;  
    or
    (c) The aggressor is justified under some other provision of this chapter or other provision of law;
    (2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
    (3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.

    2. A person shall 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 herself or her unborn child, or another against death, serious physical injury, or any forcible felony;
    (2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person;  
    or
    (3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.

    3. A person does not have a duty to retreat:
    (1) From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;
    (2) From private property that is owned or leased by such individual;  or
    (3) If the person is in any other location such person has the right to be.

    4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

    5. The defendant shall have the burden of injecting the issue of justification under this section.  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.

  8. On July 18, 2020 at 1:35 am, StillSworn said:

    Have heard comment that if your guns are to taken away, they should be worn out.

  9. On July 18, 2020 at 2:14 am, Dan said:

    The law…be it ‘castle doctrine’, ‘stand your ground’ or any other law is irrelevant in this instance. The issue is NOT one of legal or illegal. The issue is quite plainly partisan politics. The prosecutor behind the persecution of the McCloskey’s is owned body and soul by George Soros. She is one of untold hundreds…perhaps THOUSANDS of such low level politicians in positions of meaningful power he contributed spent a great deal of money on to help them get elected. Now she….like ALL his hired henchpeople….is doing EXACTLY what she was put in place to do. Ignore the law and use her position to misuse, abuse and persecute ANYONE and EVERYONE who isn’t part of the communist lefts attempts to destroy freedom and America. This prosecutor KNOWS that the McCloskey’s broke no laws. She simply DOES NOT CARE about the law except as a tool to use to further the agenda of the communist left.

  10. On July 18, 2020 at 6:32 pm, Pat Hines said:

    We now know that a George Soros connected PAC has donated $78,000.00 to the communist female attempting to prosecute the McCloskys.

    https://justthenews.com/politics-policy/elections/soros-linked-pac-donates-77000-st-louis-circuit-attorney-targeting

  11. On July 18, 2020 at 9:30 pm, penses said:

    In the future a Miranda card and 911 will be moot. Just ask the victims of another civil war going on in Portlandia. There are videos of victims being pummeled into unconsciousness and then dragged off the street to suffer and maybe die. Or the four Proud Boys sitting in jail in NY for the crime of being attacked by an ANTIFA mob. These are the types of “police actions” to expect from the controllers in every Blue state.

    The ACLU and the Oregon AT are not suing the organizers of the riots to recompense the destroyed businesses and victims.

    “Oregon Attorney General Ellen Rosenblum will file a lawsuit in federal court tonight seeking a temporary restraining order barring the Department of Homeland Security and other federal law enforcement agencies from seizing and detaining Portland protesters without probable cause.

    “Her announcement follows a July 16 report by Oregon Public Broadcasting that federal officers whisked away protesters in unmarked vans—rental vehicles, it now appears.
    She also announced that the Oregon Department of Justice and the Multnomah County district attorney would open a criminal investigation into the July 11 injury of Donavan LaBella, whom a U.S. Marshals Service officer shot in the face with a munition.”–Willamette Week

    “What is happening in Portland is an unconstitutional nightmare,” said Vera Eidelman, staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “This is not law and order. This is lawlessness. The ACLU will not let the government respond to protests against police brutality with still more brutality. We will continue to hold law enforcement at all levels of government accountable, just as we have nationwide.”–From the ACLU pr.

    The best example of projection by the left so far.

    And keep in mine the Feds are not there defending American citizens or their property. They are there to defend federal property that was being vandalized. It is interesting seeing an example of the ROCK and a HARD PLACE fighting each other. Taking time out in their war against YOU to have their own civil war. This doesn’t seem to be apparent to any of the talking heads on the left or right.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "The Castle Doctrine In Missouri", entry #24878 on The Captain's Journal.

This article is filed under the category(s) Politics and was published July 16th, 2020 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (284)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (378)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (229)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,798)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,672)
Guns (2,338)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (38)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (980)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (685)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (62)
Survival (201)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (99)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.