Letter to the Editor

'Stand and fight law' already on books

To the editor:

Concerning the KFVS12 story on the "stand and fight law" being such a milestone: The U.S. Supreme Court in 1979 in Tennessee v. Garner said that persons who believe they, or a third party under their protection, are in imminent danger of death or serious physical injury may use deadly force to defend themselves or the third party. There is no mention of permits required, or the necessity for this act to take place in the home, it applies everywhere the threat occurs.

In addition, 563.031 Revised Statutues of Missouri states, "A person may not use deadly force unless he reasonably believes that such deadly force is necessary to protect himself or another against death, serious physical injury, rape, sodomy, or kidnapping, or serious physical injury through robbery, burglary or arson." Again, there is no reason for a "stand and fight law," because the right to defend yourself or someone else already exists.

In Missouri, since the concealed-carry law came into effect, anyone (except convicted felons) over the age of 21 may have a concealable firearm in their vehicle without a permit.

I don't know about Oklahoma law, but I'm pretty sure decisions by the Supreme Court apply there. So it would appear that "stand and fight" is another waste of time and legislative resources. I hope our legislators are smarter than that.

THOMAS A BEARDSLEE, Chief Deputy, Scott County Sheriff's Department, Benton, Mo.