Is Missouri a Stand Your Ground State? (2026)
Yes. Missouri removed the duty to retreat anywhere a person has the right to be, language added by S.B. 656 in 2016 over a governor’s veto.
The short version
- At home, do you have to back away first? No.
- Does the law assume your fear was reasonable? No, you would have to show it.
- Away from home? In Missouri, you can stand your ground, and it is written into the statute.
- Are you protected from being sued afterwards? Yes — the statute shields you from a lawsuit.
- Can a judge end the case before trial? No — it goes to a jury.
Yes. Mo. Rev. Stat. § 563.031.3(3) removes the duty to retreat in any location a person has the right to be — language added by S.B. 656 in 2016, passed over a governor’s veto. Missouri also makes justification an absolute defense to civil liability with mandatory fee-shifting. Whether that supports a pretrial dismissal in a criminal case is genuinely unresolved: no Missouri appellate court has answered it.
Last verified: 5 September 2026 · Source: Official · Controlling authority: Mo. Rev. Stat. § 563.031.3(3)
| Stand-your-ground status | Statutory stand-your-ground |
|---|---|
| Duty to retreat outside the home | No |
| Where the rule applies | Any place lawfully present |
| Primary citation | Mo. Rev. Stat. § 563.031.3(3) |
| Presumption of reasonable fear | No |
| Civil immunity | Yes — Mo. Rev. Stat. § 563.074.1–.2 (2007; framed as an ‘absolute defense’) |
| Case can end before trial? | No |
| Who bears the burden | None — no Missouri appellate authority holds § 563.074 supports a pretrial motion |
| Last amended | 2016 |
What the law actually says
Mo. Rev. Stat. § 563.031.3(3) provides that a qualifying person “A person does not have a duty to retreat”.
Missouri’s 2016 S.B. 656 (passed over a veto) broadened the no-retreat rule from dwellings, vehicles and owned or leased property to any other location the person has a right to be. Section 563.074 makes justification an absolute defense to civil liability with mandatory fees — but whether it supports a pretrial dismissal in a criminal case is genuinely unresolved.
Read it yourself: Mo. Rev. Stat. § 563.031.3(3) (official source).
What Missouri gets reported wrong
Missouri’s substantive rule is settled and broad. The 2016 amendment moved the no-retreat right from a list of specific places — dwelling, vehicle, owned or leased property — to “any other location such person has the right to be.” On the civil side, § 563.074 makes justification an absolute defense and requires the court to award the defendant fees, costs and reasonable expenses.
The procedural question is open, and we will not pretend otherwise. Section 563.074 is worded as an “absolute defense” rather than as immunity, and it prescribes no procedure. Section 563.031.5 addresses only the trial burden: the defendant injects the issue, and the State must then disprove justification beyond a reasonable doubt. We searched the Missouri appellate record and found no decision holding that either section supports a pretrial motion to dismiss. Several secondary sources cite State v. Whipple for that proposition; Whipple is about a trial instruction and does not address immunity at all.
Can a Missouri case end before trial?
No. In Missouri, self-defense is litigated at trial: None — no Missouri appellate authority holds § 563.074 supports a pretrial motion. Mo. Rev. Stat. § 563.031.5 (trial burden); § 563.074 prescribes no procedure.
Only these 11 states offer a pretrial determination at all: Alabama, Colorado, Florida, Georgia, Kansas, Kentucky, Oklahoma, South Carolina, South Dakota, Utah, Wyoming. See the full comparison, with each state’s burden and standard, in our 50-state stand-your-ground reference.
Related Missouri references
- Castle doctrine in Missouri — the rules that apply inside your home.
- Missouri gun laws — carry, purchase and possession rules.
- Stand your ground laws by state — the full 50-state table with citations and downloadable dataset.
- Concealed carry reciprocity — where a Missouri permit is honored.
- Firearms and 2A legal glossary.
Researched and written by James Nicholas from Missouri’s own code. See how we verify carry-law data.
Common questions about Missouri’s stand-your-ground law
Is Missouri a stand your ground state?
Yes. Missouri is a stand your ground state, and it is written into Mo. Rev. Stat. § 563.031.3(3). You are not required to back away before defending yourself in any place you are lawfully entitled to be.
Do I have to back away before defending myself at home in Missouri?
No. Inside your own home, Missouri does not ask you to back away first. That is what the castle doctrine means in practice. Missouri sets it out in Mo. Rev. Stat. § 563.031.
Can I stand my ground away from home in Missouri?
Missouri puts the rule in its statute: you may stand your ground. You are not required to retreat. This covers any place you are lawfully entitled to be.
Does Missouri assume I was really in danger?
No. Nothing is assumed in your favor, so you would have to show your fear of serious harm was reasonable in the circumstances.
Can I still be arrested, charged or sued in Missouri?
Yes. Self-defense is something you raise in your defense, not something that stops a case being opened in the first place.
Can a judge end it before trial? No. Self-defense is argued at trial and decided by the jury, not beforehand.
And can you be sued? Yes. If the force was lawful, the statute shields you from being sued over it.
Where these answers come from
Every figure above was read against the statute itself rather than a summary, on the state’s official server. Where a state agency page and the statute disagree, the statute governs.
- Mo. Rev. Stat. § 563.031.3(3) — official
- Civil immunity: Mo. Rev. Stat. § 563.074.1–.2 (2007; framed as an ‘absolute defense’)
- Castle doctrine rule: Mo. Rev. Stat. § 563.031
- Last amended: 2016
- Last checked by us: 5 September 2026
Worth watching: No statutory change since S.B. 656 (eff. 10/14/2016). Open question: whether § 563.074’s ‘absolute defense’ supports pretrial dismissal — unanswered by any Missouri appellate court. State v. Lechocki (Mo. App. E.D., Nov. 2025) broadened forcible-felony deadly force; transfer denied 2/26/2026.