Posted: 8/4/2011 7:29:11 AM EDT
| What is the laws concerning deadly force against arsonists? Where I live we have had several abandoned buildings burned and as of last night (in this drought) 3 fields adjacent to occupied dwellings were firebombed. Luckily they were all caught very quickly. How can I defend me and mine against this? |
| Its generally accepted under common law that its legal to use deadly force to prevent arson of "a dwelling house" that one reasonably believes is occupied. In North Carolina that would be a 1st degree arson (which, IIRC was one of the offenses punishable by death in NC, along with 1st degree murder, 1st degree rape, and 1st degree burglary, until the Furman ruling was handed down by the USSC in 1972). I don't know what Missouri statute would apply, but I expect it would be something similar to North Carolina's when it comes to the use of deadly force. |
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Quoted:
I'm not trying to find a loophole to shoot someone. I was just hoping to find a statute on this and spread the word to all of the local "un-desirables" that people have the right to defend their property in hopes they knock it off. It is never alright to use deadly force in protection of property (arson of a occupied dwelling exception). In Missouri, under the Castle Doctrine, you do not have the duty to retreat if you are on property that you own or control. So, if the JAM principle applies when you confront the trespasser(s) on your property (they are placing you in Jeopardy, and have the Ability & Means to carry out the treat), you have the right to self-defense. Make sure your ducks are in a row first. Disclaimer: I am not a lawyer, and I do not play one on HBO, so take what I say with a grain of salt. This is my opinion based on how I read the Missouri Statutes. |
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One of my favorite quotes....
Only survivors get to tell their side of the story. I would think that being an armed aggressor against someone with a lighter or even a lighter and bottle of alcohol/gas could cause some issues for anyone. I would think that at minimum something would have to be an immediate threat....like a lit Molotov cocktail or torch in hand. As stated before.....I am not a lawyer, though I have met a couple and watched several on TV. Haha |