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Gov. Blunt signs home-defense law

Thursday, July 5, 2007

In what supporters called an early Independence Day celebration, Gov. Matt Blunt signed a bill Tuesday at Arena Park that will give people the right to stand their ground, even use deadly force, if attacked.

Though the legislation, commonly referred to as the "Castle Doctrine," officially removes the requirement of someone to retreat or step back when defending their "castle," or residence, against a threat, a Missouri Supreme Court decision has given them the same right for more than a century.

Cape Girardeau County Prosecuting Attorney Morley Swingle pointed out that while the legislation does add protection to someone who is carjacked, it is simply reinforcing law that is already on the books in Missouri.

"It doesn't make a smidgen of difference. We already have Castle Law," Swingle said.

NRA spokeswoman Ashley Varner said the bill will have a great impact for victims of attempted carjacking and give crime victims more options to defend themselves.

"We can live knowing we are empowered under the law," Varner said in a phone interview.

Varner, a Missouri native, said she found it exciting to see her state become the 19th to enact Castle Law.

While Cape Girardeau County Sheriff John Jordan said he does not think people should have to retreat in the case of a break-in, he said the legislation may not have a large impact.

"People predisposed to protecting their families would probably do so long before any Castle Doctrine," he said.

Ron Hillis, of Poplar Bluff, Mo., who turned 45 Tuesday, considered the signing of the bill to be his birthday present from the governor. "I'm excited about the fact that people have a right to protect themselves without worrying about legalities. You can stand and fight," Hillis said at Arena Park.

Blunt, flanked by NRA-Institute for Legislative Action executive director Chris Cox and state Sen. Jack Goodman, R-Mount Vernon, commended the legislature for passing what he called an important law for Missourians and their families.

"Americans maintain a deep reverence for their Second Amendment rights. This legislation is an extension of those rights," Blunt said before about two dozen in front of the NRA Pavilion at the park.

Goodman said he was "thrilled to bring Missouri law in line with the expectations of most Missourians."

The original draft of the legislation, Swingle said, raised a red flag for Missouri prosecutors because it gave anyone who used deadly force in their own home immunity from prosecution.

"This would have created a loophole large enough to drive a Mack truck through for murderers," said Swingle, adding that prosecutors were horrified by the language because it would mean someone could falsely claim self-defense and escape prosecution.

After prosecutors met with Goodman, that part of the bill was replaced, making it a legal defense instead of immunity.

"The duty of legislation is the same as the duty of doctors; to do no harm. Whereas if it had been passed as it was originally drafted, it would have done harm," Swingle said.

bdicosmo@semissourian.com

335-6611, extension 245


Comments
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I think Sheriff Jordan had an excellent response in this article, to the subject- at-hand.

Indeed, it just puts into print what has always been true, and correct, in the matter of self-defense of you and yours, in the past, at least in Missouri.

For those who don't like the way it clarified the law relating to carjackings, please try to accept the fact that todays' world is SO different today, than it was even 10 years ago.

As many have already stated, law-abiding Missourians and our visitors have nothing to fear from this law. It just makes good ol' common "horse-sense", to me.

-- Posted by donknome on Thu, Jul 5, 2007, at 10:21 AM


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