Natman said:
Thank you for the information..I was in the process of looking up the Missouri laws.
I know I've been thinking of alot of "what ifs" lately, but what if I did carry (with permit) and injured or killed someone in such a restricted area..what would the worst case scenario be?
I'm trying to look far beyond the incident and find out what may be in store for me when dealing with the court system by such an infraction. Note also that I'm talking about OUTSIDE the school while it is NOT in session (weekends, summer break, etc.)
Any information would be appreciated.
Nat
Infraction = $$ fine (the amount depends on the jurisdiction's ordinances) but no jail time.
It's only an infraction if you refuse to leave the restricted property, so if you defended yourself in that situation it would
probably be valid self-defense. I can't promise you immunity from
criminal law though , because those types of charges depend on the specific circumstances of an incident. And you can be acquitted of criminal charges but successfully sued by the dirtbag (if they survive) or their family. It's happened before because
civil law is a steaming pile of %$#&. Whenever you protect yourself or someone else through violence, there will usually be friends, family, publicity seekers and CCW haters in general that will try to hassle you.......... It comes with the 'territory', so to speak.
I
do recommend looking up state statutes and city ordinances to familiarize yourself with them. You have a CCW for protection, so you need to research and practice both to make sure if you avail yourself of the option you don't miss (hit a bystander or nonthreatening person and you're in big trouble!!) and that you know what legal precedents and laws substantiate your actions.
I didn't ask before, but if you haven't already, I would recommend talking to the local police about it, maybe go to their HQ and explain what happened. They may have had another incident involving that person..... you wouldn't be his only target..... and at least they could be on the lookout for his description and M.O. As cops, we keep track of that sort of thing, and appreciate as much info as people can provide. Everyone should report stuff like that to the police! They might even have caught him doing something else already.....
And it pays for the cops to know you and know you're a police supporter. You could even offer to find discarded evidence with your detector for them if they need you to sometime. Perps throw guns, keys, aluminum foil wrapped drugs, etc.... I've used my own detectors to find that sort of thing at my department.
As far as being 'outside' the building, the law in MO uses the term "facilities" instead of "buildings", so it can be applied to any property the school owns and uses.
truckinbutch said:
Your own presence generated a favorable outcome this time. Get back to hunting.Pack a firearm for your own protection.
Castle defense is a scenario that prosecuting attorneys are looking at more favorably in every jurisdiction because of the rise in random violence.
MO is one of the states where the Castle Doctrine has been established by law. But it pretty much just applies to places of "habitation" (residence, work place, vehicle and the like). A part of Castle is the "Stand Your Ground" law, which removes a person's 'duty to retreat' from
a threatening person. It was included in regards to your place of habitation, but HAS been applied to individuals out in public
in some states, but I'm not sure about in MO......... HOWEVER, one of the basic requirements of that law is the individual must be in a place "legally" before it applies...... that could pose a problem if you are in a 'prohibited' or 'restricted' area according to CCW state statute (law) even though the offense for being there is just an infraction ......
Personally, unless you've had some pretty intensive training, I would recommend you extract yourself from a situation if safely possible. Physical self-defense should be the last option taken........
You did the best thing under the circumstances Nat.
I think everyone should carry a handgun while detecting if they legally can. In a worst case scenario, I think this old adage applies:
"It's better to be judged by 12 than carried by 6."
