Under Missouri’s castle doctrine law, passed in 2007, citizens are allowed to use deadly force to defend themselves or their belongings on their private property, including their home and vehicle, but also anywhere else that an individual “has the right to be,” the law states. In such a situation, the shooter is also under no obligation to first retreat before using deadly force, an aspect of the law passed in 2016. Previously, the castle doctrine stated that individuals were only required to retreat when outside their home, but later additions to the stand-your-ground laws in Missouri broadened that definition.
Read Related Also: Family's hope for justice as arrests are made over death of Brit at Polish strip club
After 2016, Missouri law stated no attempt to retreat was necessary anywhere that a person could claim a right to be — otherwise known as stand your ground. The burden of proof in such a situation does rest with the person who pulled the trigger, though, as The Kansas City Star reports. To do so, as was speculated could happen in the Yarl shooting, Missouri criminal defense attorney Kevin Jamison told The Star that so-called J.A.M. elements need to apply: jeopardy, ability, and means. “First, is the person being placed in jeopardy? Does the person making the threats have the ability to carry out the threat? And third, does he have the means to carry out the threat?” he said.
