Castle Doctrine in Vehicle [Archive] - Glock Talk

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lunchboxtheman
08-29-2011, 15:47
Ayoob,

Thanks for all of the questions you've answered from everyone!

I just read through Missouri's Castle Doctrine bill (http://www.learntocarry.com/docs/CastleDoctrine.html).

It clearly applies to vehicles. However, there's a clause in there that I would like to have clarified:

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense;If I'm in my car and someone tries to break in and has, for example, a crow bar and is threatening me and I can't drive away, am I allowed to defend myself against that person by shooting them even though he/she is not actually in my car?

Technically I'd be shooting from a motor vehicle. I think the answer is that I would be justified because I am acting in self defense but I just wanted some help deciphering the legalese.


Thanks,
Lunch

Mas Ayoob
08-29-2011, 21:49
Assuming that he's right there, and as you postulate you can't drive away and he's about to make short work of the window and be on you violently with the crowbar, it sounds like a shoot situation to me.

Of course, if you change one element, you change the case; facts and judgments are determined "within the totality of the circumstances." You might want to open a thread on it in Tactics and Training.

best,
Mas

lunchboxtheman
08-30-2011, 16:07
Assuming that he's right there, and as you postulate you can't drive away and he's about to make short work of the window and be on you violently with the crowbar, it sounds like a shoot situation to me.

Of course, if you change one element, you change the case; facts and judgments are determined "within the totality of the circumstances." You might want to open a thread on it in Tactics and Training.

best,
Mas


Thanks Mas.