#msg-1138815
This was on PRIVATE PROPERTY where the trespassers BROKE IN and THREATENED BODILY HARM AND PROPERTY DESTRUCTION against the unsuspecting property owners. Missouri law is VERY clear. The McCloskeys had every right to brandish and defend themselves and their property with firearms. Case closed.
http://revisor.mo.gov/main/OneSection.aspx?section=563.031
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(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or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.
http://revisor.mo.gov/main/OneSection.aspx?section=563.041
563.041. Use of physical force in defense of property. - 1. A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.
2. A person may use deadly force under circumstances described in subsection 1 only when such use of deadly force is authorized under other sections of this chapter.
3. 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.
4. An armed nuclear security guard may use the following levels of physical force against another person at a nuclear power plant or within a structure or fenced yard of a nuclear power plant if the armed nuclear security guard reasonably believes that such force is necessary:
(1) An armed nuclear security guard may use physical force, as he or she reasonably believes is immediately necessary, up to and including deadly physical force to:
(a) Prevent an action that would constitute murder in the first or second degree under section 565.020 or 565.021;
(b) Prevent an action that would constitute voluntary manslaughter under section 565.023;
(c) Prevent an action that would constitute assault in the first or second degree under section 565.050 or 565.052; or
(d) Defend himself, herself, or a third person from the use or imminent use of deadly physical force;
(2) An armed nuclear security guard may use physical force, as he or she reasonably believes is immediately necessary, up to but not including deadly physical force to prevent an action that would constitute:
(a) Assault in the third or fourth degree under section 565.054 or 565.056;
(b) Kidnapping in the first, second, or third degree under section 565.110, 565.120, or 565.130;
(c) Burglary in the first or second degree under section 569.160 or 569.170;
(d) Arson in the first, second, or third degree under section 569.040, 569.050, or 569.053;
(e) Property damage in the first degree under section 569.100;
(f) Robbery in the first or second degree under section 570.023 or 570.025;
(g) Armed criminal action under section 571.015; or
(h) Trespass in the first degree under section 569.140;
(3) An armed nuclear security guard is justified in threatening to use physical force or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect himself, herself, or others against another person's potential use of physical force or deadly physical force.
5. Notwithstanding any provisions of section 563.016 to the contrary, an armed nuclear security guard, employer of an armed nuclear security guard, or owner of a nuclear power plant shall not be subject to civil liability for conduct of an armed nuclear security guard that is permitted by this section.
6. The defendant shall have the burden of injecting the issue of justification under this section.
The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. ~ D.H. Lawrence
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