chapter 563 rsmo


shorty1973

New member
i have read the chapter . question can a person in missouri legally protect his car if it is being broken into in his driveway on private property by holding the suspect at gun point tell law enforcement arrives?
 

In some states that would be considered brandishing a firearm. In Virginia you cannot brandish a firearm except when the threat against you or another is one of violent force on your body. Property outside the home is fair game. I know...it sucks.
 
Not a lawyer so take this for what it is worth.

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

The important part is number 4. You have the burden of explaining your justification for holding another person using your firearm. So the statute says you can use physical force to detain a thief, but if you pull your gun to hold them, you are demonstrating lethal force, which is not authorized unless you are in fear of your life.

Confused yet, welcome to the wonderful world of criminal law.
 

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