Is it legal to protect your castle?

Currently in Missouri it is not, which is why one local representative has sponsored a bill so people can protect their “castle.”

The “Castle’s Doctrine” was introduced by House Majority Caucus Secretary Marilyn Ruestman (R-McDonald County).

Ruestman’s bill would allow persons residing in a domicile, be it RV, tent, home, apartment or just vehicle that has been illegally entered to use force as they deem necessary, up to and including lethal force.

“A lot of people think you can already do that, but you can’t,” Ruestman said. “You might be sued and lose the home you were defending.

“I have even found cases where someone had defended themselves and bonked someone on the head with a lamp or something. Then the victim, the person who’s home in which this occurred, was sued by the criminal’s family. This doesn’t sound very fair to me.”

Ruestman said until now it’s been thought that if someone enters your home that you should retreat or take time to figure out what their intent is.

“That maybe okay in some instances, but in some instances you’re not going to be able to ask them what they intend to do to you,” Ruestman said. “To me this is a victim’s rights bill. This says we’re the victim.

“It’s our home, for heaven’s sake, let’s be able to protect it.”

The bill stipulates that if anyone who uses force in a lawful manner is immune from both civil and criminal penalties. And if someone were to sue a person who acted lawfully, the plaintiff would have to pay all the defendant’s bills incurred by the lawsuit.

“If they illegally enter then you may presume that they are there to do you harm,” Ruestman said. “And in so presuming that if they remain illegally you may use whatever you deem necessary to protect yourself, including deadly force.”

Ruestman expects her bill to go to committee next week.