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Old February 22, 2012, 07:41 PM   #1
Dashunde
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Missouri Retreat laws?

Theres been quite a bit of chatter on the subject lately, along with a few updates to MO's statues.
I figure I better brush up on it?
Can someone spell it out or point me to a decent plain English web link? Thanks.
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Old February 22, 2012, 08:09 PM   #2
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Can you state your question in the form of a question? Not trying to be rude; but I don't understand.
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Old February 22, 2012, 08:57 PM   #3
Ben Towe
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He would like to know where he can brush up on Missouri's laws regarding duty to retreat .
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Old February 22, 2012, 09:15 PM   #4
Dashunde
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Yep
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Old February 22, 2012, 09:21 PM   #5
Technosavant
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At home (including anyplace you'd spend the night) or in your vehicle, simply put, there is no duty to retreat.

RsMO Section 563-031 is what covers justification in regards to use of force.

If you're out and about, however, there is no "stand your ground" rule; you do generally have a duty to retreat.
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Old February 22, 2012, 09:33 PM   #6
Dashunde
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Quote:
RsMO Section 563-031 is what covers justification in regards to use of force.
Thank you.
I read that wordy and convoluted thing earlier today, I'm kind of thinking I dont have to retreat from anywhere based on the open-ended lines below, but still not sure.

2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;

It doesnt specify where or what environment applies to 2.1

It does go on to specify no DtR from private property further down.

Last edited by Dashunde; February 23, 2012 at 09:14 AM.
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Old February 23, 2012, 12:51 PM   #7
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My guess is that the interpretation of a court (IANAL) is going to be that since the statute gives a list of places where there is no duty to retreat, you DO have a duty to retreat when not in one of those places.

However, sometimes retreat is not feasible- trouble can keep following you, you can have no avenue of retreat, your own retreat will leave someone to be harmed, etc. In those cases you do what you've gotta do.

That's how I read it.
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