Castle Doctrine legislation has passed the Missouri House and Senate and is awaiting the signature of the governor. The legislation clarifies when lethal force may be used against an intruder.

The name “Castle Doctrine” refers to a phrase dating back to the origins of English common law: “A man's home is his castle.”

Before this legislation, a homeowner was required to make an attempt to escape before using lethal force to defend against an intruder.

“Prior to, there was the idea that you had the duty to retreat before using deadly force,” said Clay County Sheriff Paul Vescovo. “This is no longer required as long as the person using deadly force is not unlawfully present where the altercation occurs. We're talking about your home or your vehicle as well.”

Clay County Sen. Luann Ridgeway supported the legislation and thought she and other state lawmakers were correcting precedent set in the Missouri court system.

“The legislature reversed what we believe to be a series of bad judicial opinions,” Ridgeway said. “They put a huge burden on a victim to retreat not only inside their car, but inside their home, from a forced entry intruder.”

In addition to eliminating the obligation to retreat, the Castle Doctrine restricts the civil recourse a perpetrator may have against someone acting in defense.

“Anyone who uses force in a lawful manner will be immune from both civil and criminal penalties,” Vescovo said. “It doesn't say that you can't be sued. It just says that if it's determined in the lawsuit that you used force justifiably, then the cost of your defense will go back onto the plaintiff.”

It was perceived that under the old law the criminal had more rights than the victim.

“It changes the burden of proof so that the perpetrator, who has already committed a crime by breaking into the home, has to prove that the homeowner's action were unwarranted,” Ridgeway said. “It used to be that the burden of proof was on the homeowner to prove that they retreated and acted justifiably.”

Although the new legislation would give home defenders new rights, it does not provide carte blanche.

“People need to realize that, God forbid, if you do have to use deadly force in defense, it has to be justifiable,” Vescovo said. “Which means you will be investigated by law enforcement authorities and it's going to be forwarded to prosecuting attorney for review. It's not just like if you shoot someone the police are going to come and cart the body away and that's going to be the end of it.”

The bill also includes a provision that will repeal the permit requirement to purchase a concealable firearm. Currently in Missouri a resident wishing to purchase a concealable firearm must essentially undergo the same investigation twice — first by the county sheriff and a second time through the National Instant Check System, at the federal level, when a firearm is purchased.

“It was viewed by most people as nothing more than unnecessary paperwork and a duplication of red tape for individuals and our sheriff's department,” Ridgeway said. “A person who was going to follow the law was going to do that extra step, was going to do the paperwork anyway. It didn't really do anything to stop guns from getting into the hands of crooks.”

A staunch National Rifle Association supporter, Gov. Matt Blunt is expected to sign the legislation. If he does, the Castle Doctrine will go into effect Tuesday, Aug. 28.

Smithville writer Andrew Turner can be reached at 532-4444 and andrewturner@npgco.com.

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