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Old 11-27-2012, 06:22 AM  
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Originally Posted by samfloor View Post
The courts in Missouri have determined that if you see someone breaking into a neighbors property, you can just walk up and shoot them.
Good! The only problem with that is that I had to climb into the window of my own house one time.... You know, those dumb doors that can be unlocked to open from the inside but not the outside? yeah, I locked myself out. I may have looked like I was breaking in!
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Old 11-27-2012, 11:58 AM  
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The courts in Missouri have determined that if you see someone breaking into a neighbors property, you can just walk up and shoot them.



Can you provide any kind of case law or proof that you can just see someone entering a home and then "Walk up and KILL them" I would like to see this case law and links to said court ruling or law.

This may sound cold to many. My job is to protect MY FAMILY. I am not here to protect you, yours, or anyone else. That is their job to figure out how to deal with protecting their family.

All I can say is that in VA if you see someone breaking into a house and you kill them they better be carrying a big knife, gun, bat, or threatening a person with grave bodily injury or death.

I am not a cop nor am I a Hero (Even though I think I am a super hero online) so it is not my job to get shot at. I will observe and report that is about it. If my neighbors wife and small child are home alone I might take action if I know for a fact someone is going to die.

Being an avid MMA fan putting someone in a choke hold can kill in a matter of seconds. If you put a choke on wrong and hold it just a little too long POOF you have a dead perp on your hands. Am I that broken up about a thief being killed? Lets just say I won't shed a tear nor will I lose any sleep over it.
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Old 11-27-2012, 12:22 PM  
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A "B.S." flag.... That made me laugh.
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Old 11-27-2012, 01:11 PM  
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Taken directly from the law.

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.

563.031. 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.
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Old 11-27-2012, 01:46 PM  
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Originally Posted by samfloor View Post
Taken directly from the law.

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.

563.031. 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.
Im no lawyer, but I see a WORLD of difference between physical force upon another person and deadly force upon another person.

The question is would a jury of 12 of your peers see it the same way?

(Edit) If also be interested to see what 'Subsection 2' entails as well.
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Old 11-27-2012, 02:52 PM  
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Prosecutors are refusing to charge anyone, because the courts have already thrown out several cases.
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Old 11-27-2012, 06:29 PM  
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OK Huge world of difference between physical force and "Walking up and shooting someone".

That is saying you may subdue the person and hold him/her until the police arrive. That is not saying you have cart blanch to kill another person over a simple B&E.
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