WASHINGTON, DC – Today, Congressman Jason Smith (R-MO), one of the authors of the Missouri castle doctrine legislation, introduced the American Family and Private Property Defense Act. This legislation guarantees American families have the right to defend their home and their private property. It comes after St. Louis Circuit Attorney Kimberly M. Gardner filed charges against Mark and Patricia McCloskey on Monday night.
Specifically, Smith’s legislation prevents a U.S. citizen from being prosecuted for the use of force against an intruder as long as that force was used to protect themselves, another individual, or private property. It allows force to be use without first retreating.
Smith—who helped to write the state of Missouri’s castle doctrine laws when he was a member of the Missouri General Assembly—said recent events show how critical a bill like this is.
“The Missouri castle doctrine laws clearly support the actions of the McCloskey’s. Gardner’s politically motivated charges are an abuse of power we can’t let stand. This bill sends a message to rouge prosecutors like Ms. Gardner that the American people have a right to defend their homes, their families, and their property,” said Congressman Smith. “It allows American families to take all steps necessary to protect themselves from intruders or trespassers without facing the fear of prosecution.”
“If Speaker Pelosi gets her way, we would be defunding law enforcement across this country. At that point, what’s left? What stands between a parent and someone wanting to come onto their property and do harm to their family? We need to let these families know that they have a right to defend themselves, to keep their families safe, and the security to know they won’t be wrongly targeted with political prosecutions for their actions,” Smith added. “The American Family and Private Property Defense Act will ensure all Americans are able to protect themselves, loved ones, and property without fearing legal action.”
Congressman Smith’s legislation was introduced in the U.S. House of Representatives on July 21st and was referred to the House Judiciary Committee where it awaits further consideration.