Yesterday's House Committee Hearing went very well indeed. There were two versions of the bill heard, HB189 sponsored by Rep Kenny Jones and HB60 sponsored by Marilyn Ruestman which was the same as last years bill

(which we were not wild about).

 

The opposition did not show for the hearing!

 

Rep Jones spoke first since he was the bills sponsor. I then testified for about 5 minutes and addressed the real nuts and bolts of the bill. I submitted written testimony along with my verbal testimony.

(You can see the written statement at the end of this report)

 

Stu Strickler testified next and provided an update on which states had passed a Castle Doctrine Law since last year, along with the progress made in the remaining states this year.

 

Joel Partridge our state NRA/ILA liaison testified next covering the history and lack of problems in the states that had already passed a CD Law.

 

Kerry Messer from MO Family Network testified next and provided a clearer answer to a question that had come up earlier.

 

Ms Gwynn spoke next, and in a quiet voice spoke of her mother being murdered a few years ago during a home invasion robbery. The room was riveted by what she had to say. She closed by saying we needed this law

to keep this from happening to others.

 

After all the witnesses testified the chairman asked if the bill could be passed right then by unanimous consent. Rep Low from KC said that is could not be (since she was opposed).

 

The hearing was then adjourned and we had a quick debrief and discussion in the hall with several supporters, including MOCarry's own bhk, who responded to yesterdays call-out.

 

Here is the written testimony I submitted:

 

Why We Need the Castle Doctrine Law

 

Nowhere in Missouri Statute laws on self defense will you find language stating you have a Duty to Retreat. It was not the intent of the Legislature that, if attacked, you must first retreat before you can defend yourself, but you will find this language in the book, “Missouri Approved Instructions" that is used by every judge in the state. If put

on trial for using self defense to save your or your family’s life, the last thing your jury will hear from the judge is the instruction, “If you find that Sue Smith could have safely retreated from her attacker, then you must find Ms. Smith guilty."

 

 

Castle Doctrine has three elements to protect victims of violent attack:

 

 

1. No Duty to Retreat, whether in the home or the mall parking lot.

 

 

2. When someone claims self defense (and makes a prima fascia case) to repel a violent attacker, the Burden of Proof will be on the State, not the victim.

 

 

3. The victim cannot be sued by the attacker nor the attacker’s family and heirs for using a lawful act of self defense. The victim is immune from civil suit.

 

 

With the No Duty to Retreat language placed in statute law, the Missouri Approved Instructions on “must retreat" is voided.

 

Please support passage of the Castle Doctrine Law that gives protection from violent attack to the victim and puts the blame for the attacker’s actions where it belongs!

 

If you have any questions as you consider this legislation, please do not hesitate to contact me.