Georgia, Wisconsin trials focus on self-defense. Here are the laws in Kansas and Missouri

Two closely-watched trials this month in Wisconsin and Georgia, involving men who went into public armed and ended up shooting and killing someone, have reignited the debate over guns, self-defense and vigilantism.

In Georgia, three men — Gregory McMichael, Travis McMichael and William Bryan — were found guilty Wednesday in the murder of Ahmaud Arbery, a Black jogger they said they pursued in two trucks because they suspected him in recent home break-ins.

The defendants had said they intended to make a citizen’s arrest, then Travis McMichael fired fatal shots when he thought Arbery would take his gun. All three were found guilty of multiple murder charges.

In Wisconsin last week, Kyle Rittenhouse was acquitted of intentional homicide after he killed two men and injured a third during a police brutality protest in Kenosha last year. Rittenhouse, an Illinois resident, said he went to Kenosha and armed himself to stand guard over businesses during the unrest. A jury found he was legally defending himself in incidents that preceded the shootings.

The cases have led to renewed scrutiny of the nation’s self-defense laws, which are permissive and, many say, not applied equally across races. In both cases, prosecutors argued the defendants had provoked conflict and could not claim self-defense.

Like Georgia and a majority of other states, Kansas and Missouri also have “stand your ground” laws allowing the use of force in self-defense. Here’s what the laws say on both sides of the state line.

WHEN AND WHERE CAN SOMEONE USE FORCE IN SELF-DEFENSE?

Kansas and Missouri, like most other states, extend the “castle doctrine” of protecting one’s self and home into the public.

There is no duty to retreat from a confrontation if it occurs at home or any other place one is legally allowed to be, according to Missouri law.

In Missouri, an individual can use lethal force if they “reasonably believe” it is necessary to protect themselves or someone else from “death, serious physical injury, or any forcible felony.” Circumstances cited in the law include when someone is breaking into or trying to break into one’s home or car.

The Kansas statute is similar.

It also complicates the investigation of cases involving “stand your ground.” Someone who claims their actions were out of self defense can’t be arrested until police have probable cause that the use of force was not protective.

If a person is justified in using force, the statute says, then they are immune from criminal prosecution and civil action.

WHO IS THE AGGRESSOR?

Both states make an exception for people who are actively committing a crime, are the “initial aggressor” or who “initially provoke” the incident. Still, they are allowed to use force in self-defense if they have “withdrawn” from the confrontation and the other party continues to pose a threat.

CAN A PRIVATE CITIZEN USE FORCE MAKING AN ARREST?

Yes, although these laws are separate from those governing police use of force during arrests.

In Kansas, one can use deadly force while effecting a citizen’s arrest only “when such person reasonably believes that such force is necessary to prevent death or great bodily harm to such person or another.” That use of force is justified under Kansas law even if someone is carrying out a police-sanctioned citizen’s arrest that turns out to have been unlawful.

In Missouri, a person can conduct citizens’ arrests against someone that the person “reasonably believes has committed an offense, and who in fact has committed such offense.” The law then gives some leeway for the use of deadly force in self-defense, or to prevent the escape of a suspected murderer in those circumstances.

Following Arbery’s killing, Georgia lawmakers this year rewrote the state’s citizens’ arrest law, which had allowed a private citizen to arrest anyone if there was a crime committed “within his immediate knowledge.”

WHO CAN HAVE A GUN?

Missouri does not require a permit to purchase a gun, and allows anyone who is not a felon or a fugitive to possess one.

Since 2017, anyone age 19 or older can carry a concealed weapon without a permit, except into certain places such as churches and schools.

Kansas legalized concealed carry without a permit or license for anyone 21 or older in 2015. Those under 21 can carry without a permit only on their own property or place of business.

The state, like Missouri, still has in place the licensing process for concealed carry. But the statute states that the existence of the permitting system does not mean it’s a requirement to have one.

Both states allow for the open carry of weapons.

This story was originally published November 24, 2021 at 1:15 PM.