Anti-self defense law in Missouri ...

Come on MissouriShooter for dredging up outdated information and crying that the sky is falling. Have you bothered to read the ordnance? Apparently not.

What you are worried about happening already happened 4 years ago!

It has never been posted in the city codes and it actually seems to have happened this year, not 2007.
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Really? Did you even go to the City website and look and see for yourself?

It seems it did go into effect in 2007...
http://www.marylandheights.com/Modules/ShowDocument.aspx?documentid=1060

Revised 2008...
http://www.marylandheights.com/index.aspx?page=40

The ordnance did not ban hunting, sport shooting, or training. It did not bad self defense.

Google is your friend. http://lmgtfy.com/?q=City+of+Maryland+Heights+ordnances
Check the 3rd link down.
Or check the 4th for the entirety of the municipal code. It has its own search engine, for crying out loud. You could have searched for "gun discharge" and found out what you needed to know.
 
The affirmative defense of self defense would generally excuse one from an unlawful discharge rap.

But still, there was a defense shooting in response to a home invasion. Cincinnati, IIRC. The elderly man's pistol was taken as evidence as is normal, however, the police refused to return it because it had been discharged within city limits. Been trying to find an article but am coming up dry.
 
In reading the revised ordinance 2008-3087, I see no exception for defense or self-defense.

Section 14-308 was amended with some exceptions to discharging of firearms within the City of Maryland Heights under section 1 (b) (1-5).
 
2009 New Hampshire Code
TITLE LXII — CRIMINAL CODE (Includes Chapters 625 - 651-E)
CHAPTER 627 — JUSTIFICATION
Section 627:3 Competing Harms.



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I. Conduct which the actor believes to be necessary to avoid harm to himself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.

II. When the actor was reckless or negligent in bringing about the circumstances requiring a choice of harms or in appraising the necessity of his conduct, the justification provided in paragraph I does not apply in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish criminal liability.
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Yes, I know, this is New Hampshire, but I believe every state has similar laws.

It's agains the law to drive in the wrong lane, but swerving to the other lane to avoid a child, large boulder, etc., would hardly result in you being cited. Same for defending your life from violent criminal attack where discharge of firearms is concerned.

Now banning hunting in a ruaral area just because the city has incorporated it into the city limits is something I'm opposed to.

Banning shooting in areas because they're congested with people is necessary whether the area falls within the city limits or not.
 
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most places with laws banning discharge are not stupid enough to try and charge anyone firing in self defense.


it is called Prosecutorial Discretion .
 
it is called Prosecutorial Discretion .
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Discretion? I don't think so.

Virtually every State, without exception, gives citizens the right to defend themselves when certain conditions are met. What State eliminates that right where firearms discharge is NORMALLY against the law? Self defense law trumps firearm discharge statues, I believe.

In States without such pre-emptions by the state, what city jurisdiction ever charged an individual with a misdomeanor when preventing a felony assault on oneself when the shooting met deadly force requirements?



Not a lawyer, but I don't believe cities can make laws governing the use of deadly force, and I don't believe they can take the right away. Of course, some cities restrict the ownership of firearms and can prosecute self defense shootings on the basis of unlawful possession. Even Bernie Goetz had a right to defend himself, but not the right to possess a gun. Don't think illegal discharge entered into it.
 
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In reading the revised ordinance 2008-3087, I see no exception for defense or self-defense.
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I don't see where anyone in MH has been procecuted for a self defense shooting.

+1 Nnobby45 The City of Maryland Heights Municipal Code follows Missouri State law in matters such as self defense, felonies, etc. The 2007 and 2008 ordnances do not pertain to self defense at all.
 
Nnobby45 said:
Discretion? I don't think so.
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Prosecutorial discretion merely refers to the local prosecutor to bring charges, or not, and what kind. I think what brickeye is getting at is that the local prosecutor is very unlikely to try to bring "unlawful discharge" charge when either: (a) it looks like it was a good SD shoot; or (b) the defendant/shooter is busy fighting some sort of homicide charge.
 
Virtually every State, without exception, gives citizens the right to defend themselves when certain conditions are met.
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Better review that data base.

Virginia has NO law governing the use of lethal force outside of case (common) law.

There is NO statute law.

Not a one. Even for the police.
 
Better review that data base.

Virginia has NO law governing the use of lethal force outside of case (common) law.

There is NO statute law.

Not a one. Even for the police.
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I'm not going to look up Virginia's statues, but I'm sure some statues have to address what constitutes the use of justified lethal force even if state statues don't specifically grant the right.

There are millions of laws that are silent on various practices. Being allowed to do something because it's not illegal has the same basic effect as a law specifically making it legal. More complex legal arguments on the subject are another matter.

Not interested in arguing about whether use of deadly force is legal in Virginia or just not illegal.
 
I'm not going to look up Virginia's statues, but I'm sure some statues have to address what constitutes the use of justified lethal force even if state statues don't specifically grant the right.
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Virginia has NO statute laws governing the use of lethal force.

Not a single one.

Never has, and likely never will.

When a 'castle' bill was introduced it was quickly killed since it would throw into doubt the existing case (common) law that we rely on.

The only thing we are missing is a prohibition on civil suits in an otherwise 'good' shoot.

None have been brought however.

Any attorney that tried would probably never be able to practice in Virginia again.

There is not even a statute covering the police.
They operate under the same common law as all the rest of us.

In States without such pre-emptions by the state, what city jurisdiction ever charged an individual with a misdomeanor when preventing a felony assault on oneself when the shooting met deadly force requirements?
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That is called proprietorial discretion.

Any AG in the US system (at every level) has an almost unlimited discretion to NOT proffer charges.
 
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