Missouri's use-of-force framework is codified in Chapter 563 of the Revised Statutes (Chapter 563 - Defense of Justification). The cornerstone is Mo....
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Missouri's use-of-force framework is codified in Chapter 563 of the Revised Statutes (Chapter 563 - Defense of Justification). The cornerstone is Mo. Rev. Stat. Section 563.031, which combines defense of self, defense of others, Stand Your Ground, and the castle-doctrine presumption into a single operative section.
SB 656 (2016) materially rewrote Section 563.031 to codify Stand Your Ground anywhere the actor is lawfully present and to expand the castle-doctrine presumption beyond the dwelling to include any residence or vehicle lawfully occupied by the actor.
Under Mo. Rev. Stat. Section 563.031.1, a person is justified in using physical force, including deadly force, against another person to the extent the actor reasonably believes such force is necessary to defend himself, herself, or a third person from what the actor reasonably believes to be the use or imminent use of unlawful force by another person.
The use of deadly force is specifically authorized under Section 563.031.2 when the actor reasonably believes that such deadly force is necessary to protect himself, herself, or a third person from death, serious physical injury, or a forcible felony. "Forcible felony" is defined at Mo. Rev. Stat. Section 556.061 to include murder, voluntary manslaughter, assault, sexual assault, robbery, arson, kidnapping, and the like.
The standard is reasonable belief. The jury must find that the actor actually believed deadly force was necessary AND that the belief was objectively reasonable under the totality of the circumstances. Missouri courts apply both prongs.
Under Mo. Rev. Stat. Section 563.031.3, "a person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining; from private property that is owned or leased by such individual; or if the person is in any other location such person has the right to be."
Three propositions follow:
No duty to retreat anywhere lawfully present. The actor may stand ground and use defensive force anywhere the actor is not engaged in unlawful activity and has the right to be. This eliminates the common-law duty to retreat that some Missouri appellate decisions had previously suggested.
No duty to retreat in own dwelling, residence, or vehicle. This is the traditional castle doctrine, codified explicitly.
No duty to retreat on own private property. SB 656 (2016) extended the no-retreat rule to all private property owned or leased by the defender, not just the dwelling.
The Missouri Supreme Court has applied Stand Your Ground to numerous fact patterns since 2017. The cases have generally held that the prosecution must affirmatively disprove the defense's elements beyond a reasonable doubt once raised, consistent with Missouri's general approach to justification defenses under Mo. Rev. Stat. Section 563.011.
Mo. Rev. Stat. Section 563.031.2(1) creates a rebuttable presumption that the actor's belief that deadly force was necessary is reasonable when the actor uses deadly force against a person who:
The presumption shifts the legal weight at trial. The prosecution must rebut the presumption with evidence that the actor knew or should have known the intruder was lawfully present, or that the use of deadly force was otherwise unreasonable.
The presumption does not apply if:
Mo. Rev. Stat. Section 563.031.2(2) extends the presumption to any person who unlawfully enters, attempts to enter, or unlawfully remains on private property owned or leased by the defender. This goes beyond the traditional castle doctrine, which historically attached only to the dwelling. The extension covers outbuildings, garages, yards, and other property associated with the defender.
The same exceptions apply: the presumption does not attach against a person with a lawful right to be on the property, and the actor must not be engaged in unlawful activity.
Mo. Rev. Stat. Section 563.041 governs the use of force in defense of premises and property. Reasonable, non-deadly physical force may be used to prevent trespass on premises in the actor's possession, or to terminate criminal interference with the actor's property.
Deadly force is permitted under Section 563.041.2 only to prevent the commission of arson, burglary, robbery, or any other forcible felony involving the use of physical force or threat of physical force against the defender or another person. The statute does not authorize deadly force solely to prevent theft of property where no force is being used or threatened against a person.
Mo. Rev. Stat. Section 563.074 grants both civil immunity and criminal immunity to a person who uses justified force under Chapter 563. The statute provides:
The immunity is a legal status to be asserted, not automatic. A defender may still be arrested and prosecuted, and the defender must raise justification at trial. The civil immunity must be asserted as a defense to a civil suit. Both forms of immunity have been interpreted by Missouri appellate courts to be co-extensive with the justification defenses under Section 563.031 and Section 563.041.
Defense of third persons is addressed within Section 563.031 itself. The operative language treats defense of self and defense of third persons in parallel: the actor may use force, including deadly force, to defend a third person under the same standards that would apply to defense of self. The actor must reasonably believe the third person is in imminent danger of unlawful force, death, serious physical injury, or a forcible felony, and the use of force must be reasonable in degree.
There is no "step into the shoes" doctrine in Missouri requiring the actor to assess whether the third person would themselves be justified. The actor's reasonable belief about the third person's situation controls.
Mo. Rev. Stat. Section 563.046 governs a law enforcement officer's use of force in making an arrest. The general standard is that an officer may use reasonable force as is necessary to effect the arrest and to defend the officer or a third person from physical injury. Deadly force is authorized only when (i) reasonable to defend the officer or another from death or serious physical injury, or (ii) reasonable to prevent the escape of a felon who poses a threat of death or serious physical injury to the officer or others.
This standard is consistent with the federal constitutional standard under Tennessee v. Garner (1985) and Graham v. Connor (1989).
| Statute | Subject |
|---|---|
| Mo. Rev. Stat. Section 563.011 | Justification defenses (general framework) |
| Mo. Rev. Stat. Section 563.031 | Use of force in defense of persons; Stand Your Ground; castle-doctrine presumption |
| Mo. Rev. Stat. Section 563.031.1 | Defense of self and others (reasonable force) |
| Mo. Rev. Stat. Section 563.031.2 | Authorization of deadly force; castle-doctrine presumption |
| Mo. Rev. Stat. Section 563.031.3 | Stand Your Ground (no duty to retreat) |
| Mo. Rev. Stat. Section 563.041 | Use of force in defense of premises and property |
| Mo. Rev. Stat. Section 563.046 | Law enforcement use of force |
| Mo. Rev. Stat. Section 563.074 | Civil and criminal immunity; mandatory attorney fees |
| Mo. Rev. Stat. Section 556.061 | Definition of "forcible felony" |
This section reflects Missouri law as of May 2026. The use-of-force framework is more stable than the permit framework but is interpreted and refined by appellate decisions; consult counsel in any specific case.
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