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Castle Doctrine in Vehicle

Discussion in 'GATE Self-Defense Forum' started by lunchboxtheman, Aug 29, 2011.

  1. lunchboxtheman

    lunchboxtheman

    62
    0
    May 1, 2011
    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:

    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
     
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    4,704
    377
    Nov 6, 2005
    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
     


  3. lunchboxtheman

    lunchboxtheman

    62
    0
    May 1, 2011

    Thanks Mas.