Missouri Governor Vetoes Stand Your Ground Bill

SB656, a bill designed to change Missouri’s self-defense laws – and make Missouri the first state since the Trayvon Martin incident to pass a stand your ground law – was vetoed by Governor Jay Nixon today (June 27). After sailing through the state’s Senate and the House, the bill had been awaiting approval or veto by Nixon since May 13.

It is possible for a gubernatorial veto to be overridden by the state legislature.

SEE: Missouri (Almost) Becomes A Stand Your Ground State

Missouri Governor Jay Nixon
Missouri Governor Jay Nixon (official state portrait)

Nixon, a Democrat, faced enormous pressure from the Republican-led Missouri legislature to enact the law. The bill has been widely considered “veto-proof”; however, a bill which faces opposition by the Governor after passing through the legislature can be challenged with a veto override in the next legislative session, and still become law in the future.

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Missouri’s current self-defense laws state that only the property owner or someone leasing it are allowed to use deadly force against an intruder.

SB656 would have allowed deadly force to be used by anyone who has permission to occupy private property, such as a house guest, and also make it a misdemeanor, and no longer a felony, for anyone carrying a concealed weapon into a place that has restrictions on concealed carry.

The bill also would have allowed open-carry without a permit, and expanded the state’s self-defense laws to include the words “does not have a duty to retreat from a dwelling, residence, vehicle, private property that is owned or leased, or anywhere else a person has a right to be – the very definition of stand your ground law – making Missouri the first state since Trayvon Martin incident to pass such a law.

 

 

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Stand Your Ground Top Tweet

 

This GIF image, used in Roy Clymer’s post entitled “A Manifesto of Second Amendment Responsibilities“, powerfully portrays a simple message so effectively that it gained lots of attention on twitter within the last month and became our Top Tweet.

With ownership of a car comes the responsibility to drive it safely and properly. Why is it easier in some places to get a license to own a gun than a license to drive a car? For a gun owner, there should also be a responsibility to use a gun safely and effectively. Do you think everyone should own a gun?

Missouri (Almost) Becomes A Stand Your Ground State

UPDATED: June 27, 2016 (This post was originally published as “Missouri Becomes A Stand Your Ground State”. The title has been changed to accommodate a veto on June 27, 2016, by Governor Jay Nixon.)

SEE: Missouri Governor Vetoes Stand Your Ground Bill

Democrats filibustered and put up a bold, powerful fight against SB656, a bill that will make Missouri the first since the Trayvon Martin case to become a stand your ground state. In the end, after a Senate vote of 28-8, the bill passed through the House with a vote of 114-36, disappointing many opponents. With the Senate majority vote, the bill cannot be vetoed by Democratic Governor Jay Nixon.*

RELATED: Kurt Schaefer Pushes For Stand Your Ground In Missouri

SB656 changes several things in Missouri’s laws on self-defense, use of weapons, and concealed carry. The laws already included a castle doctrine, which covers protection of home & property.

Stand your ground was added under the unlawful use of weapons portion of the bill, when words were changed to state that now a person does not have a duty to retreat from a dwelling, residence, vehicle, private property that is owned or leased, or anywhere else a person has a right to be, as long as that person is not engaged in an unlawful activity, and not unlawfully entering or unlawfully remaining.

 

Missouri Capitol
Missouri Capitol (Image: Missouri Senate website)

 

Here are some other key points in the legislation:

SELF DEFENSE

The act provides that any unexpended funds in a Sheriff’s Revolving Fund, which usually accumulate from year to year, will no longer be required to remain in the fund, and now may be used for other purposes or transferred to discretionary funds for the sheriffs.

The law will now allow deadly force to be used by anyone who has permission to occupy private property, such as a house guest. Previously it applied only to the property owner or someone leasing it.

UNLAWFUL USE OF WEAPONS

It’s will now be only a misdemeanor, and no longer a felony, to carry a concealed weapon into a place that has restrictions on concealed carry.

CONCEALED CARRY PERMIT FEES

Caps the CC permit fee at $100. Also provides options of a $500. lifetime fee rather than every five years; $200 to receive a Missouri extended concealed carry permit that is valid for 10 years or $250 for an extended permit that is valid for 25 years. To renew an extended permit, the permit holder must pay $50.

* It’s posssible for a gubernatorial veto to be overriden by a state legislarure.

 

Poll Shows People Uneasy In Theaters That Allow Open Carry

 

Most movie theaters have a policy that forbids firearms, and you may think anyone would be a little uneasy in a dark theater where open carry is allowed, but results of an unscientific recent twitter sample poll indicate that some people would feel comfortable in a theater which allows open carry.

Surprisingly, some respondents (11%) appear to indicate they’d be fine with open carry and voted “Yes”, while a few (3%) indicated they don’t know how they would feel. Nonetheless, a majority of participating respondents -86% – voted “No” to the question “Would you be comfortable in a movie theater that allows open carry of guns?.” The twitter poll, conducted May 6-13, 2016, was offered to approximately 590 followers by the movement to change or repeal stand your ground laws.

Indeed, it has become a very real fear that someone can, in fact, actually walk into a theater and open fire, whether or not they open carry. A civil trial began this week in the Aurora, Colorado shooting that left 12 people dead and 70 injured. And a stand your ground hearing is set this month in the murder of a movie patron fatally shot by a retired cop in Florida.

Century 16 theater in Aurora CO
Century 16 theater in Aurora CO

Open carry in a theater could possibly increase that fear. because we’re all too aware of the dangers posed in any public gathering place. A place of darkness may appear to be even more threatening. In one incident last year police received several calls after an open-carry advocate entered a theater in Arkansas, and in Kansas, it caused quite a ruckus when a gun-toter was kicked out of a Topeka, Kansas theater.

Other questions asked in recent quick twitter polls by the movement include, “Should a blind person be allowed to own and use guns?” (the result was undoubtedly 100% ‘no’), a 3-day poll, and “Would guns on campus make colleges drop sensitive topics or be cautious discussing them?” (the result was 67% yes and 33%no), in a 5-day poll.

Check out final results of the movie theater poll below, and post what you think in the comments. You just might be a Floridian or Texan – if you are comfortable watching a movie in a theater that allows open carry.