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Posted: 3/31/2006 10:11:55 AM EDT
I’m curious how the laws in Colorado work when it comes to defending private property. If someone breaks into my house, do I have the right to use lethal force here? I’ve heard of some stipulations in other states, like you can’t shoot a burglar if they’re trying to run out your front door to get away, or you can’t shoot them if they are not armed. I’m pretty new to Colorado and I haven’t been able to get a clear answer on this. Like most gun owners that I know, I keep something loaded and close to the bed for protection. I just want to make sure I’m not going to get thrown into jail or sued for using it, should the need ever arise.
Personally, I think if someone breaks into my house, they deserve to get shot, and they should expect it to happen. Hopefully, that's how the State of Colorado looks at it too.
Link Posted: 3/31/2006 10:56:28 AM EDT
18-1-704.5 Use Of Deadly Physical Force Against An Intruder (“Make My Day law”)

1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

2. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions or subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

So, the short answer to your question is yes. Plus, as long as it was a justifiable shoot, the scumbag's family can't sue you civilly.
Link Posted: 3/31/2006 11:28:38 AM EDT

Originally Posted By Yankee1911:
18-1-704.5 Use Of Deadly Physical Force Against An Intruder (“Make My Day law”)

1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

2. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry,and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions or subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

So, the short answer to your question is yes. Plus, as long as it was a justifiable shoot, the scumbag's family can't sue you civilly.

This is the key part though. If you find somebody in your house but they are going out the back door you cannot shoot.

Link Posted: 3/31/2006 11:53:40 AM EDT
Thanks for clearing that up for me. I just have to make sure that I get them before they make a break for it
Link Posted: 3/31/2006 1:50:28 PM EDT
It's simple in CO if somebody breaks into my house that is what you call a dead man walking plain and simple.

As far as getting sued make sure the SOB is dead that will greatly reduce your chances of getting sued. Not to mention dead men don't talk and try to make up a BS story about how you shot them for no reason.
Link Posted: 4/1/2006 11:30:25 AM EDT
[Last Edit: 4/1/2006 11:39:22 AM EDT by liles1977]
Originally Posted By newracer:
Originally Posted By Yankee1911:
18-1-704.5 Use Of Deadly Physical Force Against An Intruder (“Make My Day law”)

1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

2. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry,and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions or subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

So, the short answer to your question is yes. Plus, as long as it was a justifiable shoot, the scumbag's family can't sue you civilly

As newracer pointed out....

You don't need to worry about being sued in Colorado for exercising your rights under the "Make My Day Law". Section 4(2) provides blanket immunity from civil suits...so long as it was justifiable under the law.

Thankfully our legislature - unlike some other States - recognized that it would be counter-intuitive to provide only criminal immunity for defending your home.

When it comes to personal protection legislation, you can't beat Colorado: concealed carry of loaded weapons in a vehicle w/ no permit, "Make my Day Law", CCW permits, etc.

We don't have to run in CO, we can shoot.
Link Posted: 4/3/2006 8:33:23 PM EDT

Originally Posted By HunterCO:
It's simple in CO if somebody breaks into my house that is what you call a dead man walking plain and simple.

As far as getting sued make sure the SOB is dead that will greatly reduce your chances of getting sued. Not to mention dead men don't talk and try to make up a BS story about how you shot them for no reason.



YUP, mag dump, center mass

eh on the other hand that could be messy,
Link Posted: 4/3/2006 9:17:21 PM EDT

Originally Posted By mr_will:

Originally Posted By HunterCO:
It's simple in CO if somebody breaks into my house that is what you call a dead man walking plain and simple.

As far as getting sued make sure the SOB is dead that will greatly reduce your chances of getting sued. Not to mention dead men don't talk and try to make up a BS story about how you shot them for no reason.



YUP, mag dump, center mass

eh on the other hand that could be messy,



Naah just an excuse to get new carpet.
Link Posted: 4/6/2006 8:49:59 AM EDT
[Last Edit: 4/6/2006 9:31:45 AM EDT by thedave1164]
There was a case in Colorado within the last 2 years where this law was put to the test.

I believe it took place in Ault (maybe Eaton).

Anyway a man was trying to beat down a door to enter a house, using a 2X4, IIRC, and the homeowner shot him through the door, killing the man with the 2X4. The Weld county DA refused to prosecute citing the "Make My Day" law, tied his hands.

Good, bad or otherwise the law worked.

Background on this incident was there was a long running feud between the parties involved, including the home owner shooting the perps dog with a pellet gun, and I heard there were pellets's embedded in the vinyl siding of the perps house. This taking place the day of the incident.

So even with the alleged incident leading up to the shooting, there was no prosecution.

I believe the important facts are correct, but I might have a little of it mixed up.

found a link to the story.

link

another story about this

Obviously slanted articles.
Link Posted: 4/6/2006 2:27:52 PM EDT
FYI
No Mag dump, The D.A. will demand trial,
saying deliberate intent to comitt murder.
Also no side or back shots D.A. will say
Threat was leaving. Denvers D.A. need
to make a name for himself.



Link Posted: 4/6/2006 7:59:28 PM EDT
[Last Edit: 4/6/2006 8:01:36 PM EDT by HunterCO]

Originally Posted By chain60:
FYI
No Mag dump, The D.A. will demand trial,
saying deliberate intent to comitt murder.
Also no side or back shots D.A. will say
Threat was leaving. Denvers D.A. need
to make a name for himself.






This is why I don't live in Denver. For what it's worth case law proves otherwise. I have no doubt a Denver DA would try that shit but he would loose as they always have.

Now back to our regularly scheduled mag dump.
Link Posted: 4/7/2006 10:57:59 AM EDT
Once you feel deadly force is justified, a chain saw is allowed. Now on a serious side... make sure you oil the chain well. No really... the chain is the most important part.

The make my day law is a great piece of legislation as long as the DA will agree not to charge you with some other thing. The case mentioned above is true and I was surprised that he did not go to jail as the guy was on the front porch and had not entered the house from what I recall but he was in the active intent of tearing the door down. When I first read it ... not having all the facts... my thought was he is toast. I am glad to see it used as a benchmark for other cases. I guess the items leading up to that point were not a determining factor as the reaction should have been to call your local LEO and the guy would have been in big trouble.

Anyway, the cool part of the law is once it is determined that you will not be charged under the make my day provision, you are safe from civil suits as well. Therefore, chain saw should work.
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