Chief_of_Scouts
Regular Member
imported post
Not sure if many of you are following this story, but this could lead to some interesting interpretations of the "Make My Day Law" in Colorado.
http://www.gazette.com/articles/kennedy_45573___article.html/home_police.html
Regardless of if the homeowner was within his right, there will be some negative publicity from the anti-gun movement.
Just as a reminder:
Colorado's Homeowners Protection Act The text of Colorado's Homeowners Protection Act (Colorado Revised Statute number 18-1-704.5 - Use of Deadly Physical Force Against An Intruder), otherwise known as the "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 of 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.
Not sure if many of you are following this story, but this could lead to some interesting interpretations of the "Make My Day Law" in Colorado.
http://www.gazette.com/articles/kennedy_45573___article.html/home_police.html
Regardless of if the homeowner was within his right, there will be some negative publicity from the anti-gun movement.
Just as a reminder:
Colorado's Homeowners Protection Act The text of Colorado's Homeowners Protection Act (Colorado Revised Statute number 18-1-704.5 - Use of Deadly Physical Force Against An Intruder), otherwise known as the "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 of 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.