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That was my question and the purpose of this thread. Are business owners in Missouri allowed to use lethal force to protect their businesses and themselves? I'm asking because I'm surprised we haven't seen any news about store owners attempting to defend their property/lives as we saw during the LA riots. I guess it is still early, if these violent riots last longer, we might see something along those lines because I'm sure most of these business owners aren't millionaires, probably barely making median income.
Missouri Revised Statutes (M.R.S.) Chapter 563. Defense of Justification 563.041. Use of physical force in defense of property.
1. A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.
2. A person may use deadly force under circumstances described in subsection 1 only when such use of deadly force is authorized under other sections of this chapter.
3. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
4. The defendant shall have the burden of injecting the issue of justification under this section.
I see some pros and cons to a store owner using deadly force to prevent the looting or burning down of their business. To many of us outside the area, it might look like a positive. You put a few bullet holes in some looters once they cross the threshold of your business and don't heed your orders to turn around and leave immediately. Shoot them and you'd most likely be found innocent in court, but you'd face immense legal bills and have crazies out to convict you before they even know the facts. It would probably send the rest scurrying away like rats but they'd just move on to a new target. They want free stuff and they don't care about anything but getting it. It would take a two by four to their skulls to get them to stop and think about what they're doing.
Then you'd face an angry parade of lowlifes and haters who would demand you pay restitution to the looters you shot and they'd make your presence in the community difficult, at best.
Let it burn, collect the insurance, then just move someplace else.
But the police taking such a soft stance with the looters will embolden those thugs even more. You'll have dozens of new Michael Brown's who think they can get away with anything and won't be afraid of the police until they go too far and get taken down like he was. Then the rioting and looting will happen anew.
The cops should take some looters down with full force as a lesson throw the book at them. Not doing that is risking an ever great chance at community unrest.
if that doesn't work, do what we do with vermin...
Shoot
Shovel
Shut Up
Doesn't quite work that way when a homo sapien is involved. Shoot a person dead, bury him and then shut up about it is just ASKING not only to make you look guilty, but guilty as f***.
Why aren't store owners allowed to use lethal force to stop the robberies? ... I really don't understand, if it was any other time and somebody violently robs you, you have the right to use lethal force to protect yourself.
What exactly are you asking? - you seem to change lanes a few times from stopping a robbery, to stopping a violent robbery, to protecting yourself.
My answer is it's absolutely appropriate to use any force necessary - up to deadly force - when you are being attacked in such a way that you feel in danger of being killed or grievously injured. It is absolutely inappropriate to use deadly force to protect a thing.
One day someone is going to rig their store and blow it up once the looters are inside. They only loot and vandalize because they know they can get away with it.
Oklahoma has "Make My Day Law", named after a Clint Eastwood movie. It did not include owners of businesses. That law was passed in the 80s.
In I believe 2009, in a suburb of OKC, two masked boys came in to a pharmacy . One had a gun pointing at the pharmacist, to rob the pharmacy. The pharmacist shot the robber once in the head which knocked the robber to the ground. He got another gun and shot him 5 more times in the abdomen. It was determined the shots to the abdomen was what killed him. I don't remember if the accomplice ran or stayed by. (Probably ran) Both boys were teens. The pharmacy had been robbed before.
..
The pharmacist was charged with First Degree Murder. The accomplice was also charged with First Degree Murder. During the investigation, it was found that two men had helped the boys devise the robbery plan. Those two men were also charged with First Degree Murder. The jury was made up of six women and four men. News papers never say race or color.
The pharmacist was found guilty and given a life sentence in prison.
The two men who helped devise the plan were found guilty and given a life sentence w/o parole.
The accomplice was found guilty and being a juvenile was sentenced to six months in a juvenile facility.
He was interviewed before release, and said that he was looking forward to attending college and staying out of trouble. Six months!! Is all he got for his sentence.
In 2011, Gov. Fallin, approved a House Bill to include business owners and employees be included in the right to use deadly force in the event of a robbery. She in part, approved of the Bill because of the case of the pharmacist, so businesses could protect themselves. Too late for the pharmacist. I think the sentences were unfair.
Last edited by tinynot; 11-25-2014 at 05:07 PM..
Reason: added given a life sentence
If I was s business owner, I'd be hoping they burn my business to the ground. I'd use the insurance to rebuild somewhere far away
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