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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.


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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