With the influx of guns and stand your ground laws, it is increasingly difficult to prosecute cases involving guns in Missouri. Recently a man was killed on his property over grass clippings. According to witnesses, he pulled a gun first and subsequently was killed by one of the individuals allegedly involved in the dispute. Many, including myself, asked why these other individuals were armed on the deceased’s property? But, in fact, it is not uncommon because a growing number of people are armed at any given time – and Missouri legislators want it that way.
Based on current laws, Missourians have a right to defend themselves with deadly force if they just feel they are threatened. Prior to this change, if they could reasonably or safely leave, they were required to do so. This is no longer the case. In a situation where you can safely remove yourself if you feel threatened, you can now legally use deadly force. As a result, prosecutors are unable to prosecute many cases that previously would have been prosecutable. Some members of the Missouri Legislature want to go even farther.
In 2021, the legislature passed House Bill Nos. 85 and 310, collectively known as the “Second Amendment Protection Act,” providing that several federal laws and regulations regarding gun ownership violate the Second Amendment. The law prevents local or state police agencies from enforcing federal laws deemed unconstitutional. It subjects agencies to a $50,000 fine if an officer violates the law. The city of St. Louis, St. Louis County and Jackson County, assisted by the Missouri Coalition Against Domestic and Sexual Violence, all sued the state, arguing that the act is unconstitutional and seeking injunctive relief prohibiting its enforcement – with very good reason.
According to the Missouri Gun Violence Project, by the end of 2020 Missouri had the third highest per capita rate of gun deaths in the country. Our many regional partners agree with me that the bill makes it more difficult to prosecute gun crimes, negatively affects working relationships between anti-crime task forces and the federal government, and has a chilling effect on the police.
Finally, while federal law makes it illegal for those convicted of a crime involving domestic violence to possess and carry a gun, this act would negate this safeguard. Missouri law, inexplicably, allows those convicted of domestic violence misdemeanors to possess and carry a gun.
SB 666 goes even further. It attempts to needlessly edit the state’s Castle Doctrine to “guard against overzealous prosecutions.” It’s known as the “Make Murder Legal Act” by my Republican colleague, Stoddard County Prosecuting Attorney Russ Oliver.
Under current law, the defendant has to prove they reasonably believed physical or deadly force was necessary to protect them or a third person. The defendant must inject the issue of self-defense at trial and is subject to cross examination. SB 666 turns this burden on its head by providing that there shall be a presumption of reasonableness that the defendant believed such force was necessary.
It also provides that a person who uses or threatens to use force in self-defense is immune from criminal prosecution and civil action, unless such force was used against a law enforcement officer acting in the performance of their official duties and the person reasonably knew or should have known that.
Finally, the bill mandates that a law enforcement agency may use standard procedures for investigating the use or threatened use of force, but the agency may not arrest the person for using or threatening to use force unless the agency first determines that there is probable cause that the force that was used or threatened was unlawful.
The law enforcement community overwhelmingly opposes SB 666, including St. Charles County Prosecuting Attorney Tim Lohmar, Mr. Oliver of Stoddard County, the Missouri Association of Prosecuting Atttorneys, Missouri Sheriffs United, Missouri Police Chiefs Association and the Missouri NAACP.
Missouri legislators seek to make guns more easily available to those committing crime, handcuff law enforcement and violent crime prosecution, and thereby endanger the lives of those trying to keep us all safe. As the prosecuting attorney for the most populous county in the state, I implore voters, courts and our more reasonable lawmakers to heed the unified voice of law enforcement that is saying: defeat these dangerous bills and start placing lives before guns.
Wesley Bell is St. Louis County Prosecuting Attorney.
