On July 4, 2007, Gov. Matt Blunt (R-Missouri) signed a new gun bill into law that inevitably will find its way to the front lines involving Security Officers on patrol or in other locations. The law . . . .
"allows Missourians to fatally shoot intruders without fear of prosecution or lawsuits. The measure spells out that people are not required to retreat from an intruder and can use deadly force once the person illegally enters their home, vehicle or other dwelling, including a tent. The bill provides an absolute defense against being charged or sued for using such force" The law goes into effect on August 28, 2007.
Under the old law, citizens had to prove that their life and safety or that of another in the same dwelling was in immediate danger of being taken away in order to qualify for a self-defense claim against criminal charges, yet, "cars" and "tents" were not included in the old law.
Because the law also classifies "tents" as a protected dwelling; those who are homeless will have no less the same right to use deadly force against an intruder, as it should be, just as some one living in million dollar house.
The Bill also removes the stipulation of having to obtain a permit from the sheriffs' office to purchase a firearm; presummably, one will only have to undergo the FIB background check. This will certainly save time, money and headaches in a duplication of government operated background checks.
The biggest controversy that will undoubtedly be played out in the courts first is that of the provision that violates Federal law under (HIPPA) as the Bill requires courts to send mental health records to the national system gun dealers database for background checks. Thereby giving private citizens access to confidential information protected under HIPPA.
Not everyone is protected under this law, however, for example. If a resident of a home, car or tent is engaged in [certain] felony crimes and fatally shoots some one they claim to be an intruder - the shooter is not protected under this law. Likewise, shooting law enforcement officers is also not a protected class under the Bill.
All in all, this Bill takes a very - very serious step forward against criminal acts and those who commit such and criminals should beware of this law.
"allows Missourians to fatally shoot intruders without fear of prosecution or lawsuits. The measure spells out that people are not required to retreat from an intruder and can use deadly force once the person illegally enters their home, vehicle or other dwelling, including a tent. The bill provides an absolute defense against being charged or sued for using such force" The law goes into effect on August 28, 2007.
Under the old law, citizens had to prove that their life and safety or that of another in the same dwelling was in immediate danger of being taken away in order to qualify for a self-defense claim against criminal charges, yet, "cars" and "tents" were not included in the old law.
Because the law also classifies "tents" as a protected dwelling; those who are homeless will have no less the same right to use deadly force against an intruder, as it should be, just as some one living in million dollar house.
The Bill also removes the stipulation of having to obtain a permit from the sheriffs' office to purchase a firearm; presummably, one will only have to undergo the FIB background check. This will certainly save time, money and headaches in a duplication of government operated background checks.
The biggest controversy that will undoubtedly be played out in the courts first is that of the provision that violates Federal law under (HIPPA) as the Bill requires courts to send mental health records to the national system gun dealers database for background checks. Thereby giving private citizens access to confidential information protected under HIPPA.
Not everyone is protected under this law, however, for example. If a resident of a home, car or tent is engaged in [certain] felony crimes and fatally shoots some one they claim to be an intruder - the shooter is not protected under this law. Likewise, shooting law enforcement officers is also not a protected class under the Bill.
All in all, this Bill takes a very - very serious step forward against criminal acts and those who commit such and criminals should beware of this law.
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