smallmouthjoe Posted September 17, 2009 Posted September 17, 2009 Hey guys, I have a question for all you shotgunners out there. I've been thinking about buying a 12 gauge for bird hunting for awhile now and also to keep as home protection. I live in a pretty tough part of Springfield and have become concerned for me and my girls well being as of late. Last night my next door neighbor was stabbed and beat up pretty bad while he was out for an evening stroll. He showed up at my door asking for help so I saw the damage first hand. Pretty scary. When I told my coworkers about it this morning and when I told them about buying a shotgun for home protection my boss told me that it is illegal to use a shotgun in that manner. So I was wondering if anyone here knew of any such law? It seems completely ridiculous to me if it's true. Any feed back will be welcome. Thanks.
tippet7 Posted September 17, 2009 Posted September 17, 2009 why would it be illegal to protect your home and family? i dont think it is illegal. but a simple phone call to the DA office or the PD should clear it up. if it is illegal, then i am guilty of at least 4 counts of having an illegal weapon in my home. not to mention the pistols and rifle. by the way, is your neighbor doing ok? You are so stupid you threw a rock at the ground and missed.
Zack Hoyt Posted September 17, 2009 Posted September 17, 2009 Was he possibly referring to the act of pulling the trigger? There are alot of court cases out there where people were found guilty for shooting an intruder. I dobt so much here in the midwest but other places. Zack Hoyt OAF Contributor Flies, Lies, and Other Diversions
vacation Posted September 17, 2009 Posted September 17, 2009 State Rep Dennis Wood 62nd District sponsored and passed the "Castle Law" last year that protects us as individuals against home/car invasion. http://www.learntocarry.com/docs/CastleDoctrine.html It is a great law and Mr Wood did the right thing....he used common sense and got a good bill passed!!
smallmouthjoe Posted September 17, 2009 Author Posted September 17, 2009 I haven't seem him yet today. He lives by himself and I really don't know him all that well so I don't have anyone I could contact to find out how he's doing. The last time I saw him he was being loaded into an ambulance, but he was speaking and able to stand, even with how bad he looked. His face was a mess and his white shirt was torn and covered in blood that was hemorrhaging out of his hands and arms. Pretty bad, pretty scary considering that my girl had gotten back from walking the dog about two hours prior.
snagged in outlet 3 Posted September 17, 2009 Posted September 17, 2009 Whoever told you shotguns for home defense is illegal is dead wrong. They are legal and probably the best for that purpose. You don't need pinpoint accuracy while half asleep and they don't penetrate walls very well. That way, you won't hurt innocent people on the other side of walls or in the next house. This info brought to you by a citizen of the deadliest city in America. Good ole St. Lou. SIO3
hoglaw Posted September 18, 2009 Posted September 18, 2009 Caveat: I am not licensed to practice in Missouri and have not read the "castle law" that's mentioned in this thread. My input is predicated solely upon my knowledge of Arkansas law and common law in general. There are some antiquated laws in some states regarding the use of shotguns as unmanned traps for property defense. Perhaps that's what he was thinking about? I've never heard of a law banning the use of a shotgun for home protection. From a logical standpoint, such a law would be extremely problematic. Is it legal to own a shotgun in Missouri? Absolutely. Is it legal to use a firearm in self defense? Absolutely. How can you constrain that to rifled firearms only? As far as folks getting penalized for the use of firearms in defense of home invasions, those stories are usually fabricated or exaggerated to the point of being NRA propaganda. There is not a state in the U.S. (with the exception of D.C. until recently) where the use of deadly force in self defense from a perceived deadly threat is a criminal offense. Now, that's not to say that you can go bombs away on anyone who sets foot on your property. If someone breaks in and you shoot them in the back while they're fleeing, that's murder. I'm not aware of any jurisdiction that permits the use deadly force to defend property - only your life or the lives of others. I would agree that a shotgun would be the weapon of choice for home defense. Nothing like the sound of an 870 racking to put the fear of God into an intruder. Also, you're far more unlikely to cause damage to neighboring property or injury to neighbors with a shotgun as opposed to a pistol or rifle.
smallmouthjoe Posted September 19, 2009 Author Posted September 19, 2009 Hoglaw, thanks for the info. Honestly my boss is someone who is easily swayed by political fear mongering. He probably heard something about it on some radio talk show and he, like he always does, took it to be the truth. I thought it was pretty ridiculous when he told me. It's OK to use a high caliber weapon that will shoot 30 rounds as fast as you can pull the trigger but not OK to use a shotgun? I wish I could tell him that he's an ignorant SOB but that would probably get me fired. Thanks to everyone. Oh yeah, i still haven't heard anything about my neighbor, it's been three days and nothing, I hope he's OK.
Wayne SW/MO Posted September 19, 2009 Posted September 19, 2009 I think the only thing you need to remember is that there should be reasonable cause to believe you and or your family is in serious danger. After that requirement is met you're free to defend. Today's release is tomorrows gift to another fisherman.
rps Posted September 20, 2009 Posted September 20, 2009 A shotgun with #4 or # 2 shot (not buck shot) is clearly a self defense weapon. They drop but, maybe, do not die. You are safe. You don't shoot until they are inside your house. In that circumstance, no prosecutor will file. Police will commend you. Buck shot or slugs and you shoot them on your front lawn? Expect a long and difficult investigation, followed, maybe, by charges you will have to defend. The circumstances and the people facts always lead to the conclusion. Think all through in advance. Not with your manly parts, but with your brain. Hope this helps the discussion.
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