Bill expanding use of deadly force heads to Gov. Matt Blunt

JEFFERSON CITY, Mo. -- People would be protected from criminal prosecution and civil lawsuits if they use deadly force against someone who illegally enters their home, car or other dwelling under legislation sent to the governor's desk Tuesday.

The measure also includes a provision added in response to the Virginia Tech slayings.

Currently, Missouri does not transmit mental health records to the database that licensed gun dealers nationwide use to do instant background checks before any sale. Only people with criminal convictions are added to the system.

The bill calls for records from court actions requiring people to undergo mental health treatment, either outpatient or in a facility, to be sent to the background check system.

"If a judge says you have a problem, you don't need to be buying firearms," said Rep. Brian Munzlinger, R-Williamstown, who proposed the idea.

Those found by a court to be a "mental defective" are barred from legally buying a weapon under the federal system.

"I don't know if it would've prevented any of the tragedies that happened in the country the last few weeks, but it is a good safeguard to have," said Sen. Jolie Justus, D-Kansas City.

The House passed the bill Tuesday on a 151-6 vote; the Senate signed off on it 29-3 a day earlier.

Missouri has been among more than half of the states that do not supply any mental health records, generally because they lack the technical ability or are barred by state privacy laws.

Mental Health Department spokesman Bob Bax said the agency had no position on the bill, but said there's always a delicate balance between protecting people's privacy and general safety.

"Given the situation that happened at Virginia Tech, there's a lot of interest in trying to really protect public safety. This is another tool," Bax said.

Bax said the department does not track how many people are ordered by a court to get mental health treatment.

The underlying bill spells out that people aren't required to retreat from an intruder and can use force expected to injure or kill once the person enters their home, car or other dwelling, including a tent. Under current law, deadly force is justified only if people believe it's necessary to protect themselves or others from death or serious injury.

The bill would in most cases make an intruder's mere presence grounds for using deadly force. That would not apply in some circumstances, such as when the intruder is a police officer or when the resident was committing certain felonies, among them murder, robbery, kidnapping or sexual crimes.

The measure also gets rid of a state law requiring people to obtain permits from their local sheriff before they can get a handgun.

Supporters say the state process simply duplicates the checks already required by federal law. They argue the state permit is an inconvenience only to law-abiding citizens and does nothing to curb behavior by criminals who get their hands on guns through other means.

People who want to get a gun must apply to their sheriff for a permit. They must meet certain criteria, including being at least 21, generally not convicted of any crime with a sentence of more than a year, not an alcoholic or drug user, and must not have been committed to a mental institution.

The permit law is separate from the requirements people must meet to obtain a permit to carry a concealed weapon, which would remain in effect.