Castle Doctrine

[glockmaster]

I read alot of stuff about other states bringing into law a Castle Doctrine, my question is does Colorado have a similar law that does not require you to retreat if you are in a situation that requires you to defend yourself? Or do you have to do all you can to get away form the situation?

[HunterCO]

Yes it is called the "Make my day law".

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.


In other words let me explain it in a simple manner. If someone breaks into my home and I am home it's called suicide. They are a dead man walking. [postal]

[glockmaster]

Yes it is called the "Make my day law".

Thanks, i know about the Make My Day Law but what about when you are in your car or on the street, or in your place of business? And when using deadly force will you be immune from criminal and civil prosecution?

http://www.nraila.org/CurrentLegislation/Read.aspx?ITNDrop=7797-N


Do we have one of these on the books?

[HunterCO]

You said castle doctrine which always means in regards to ones home.

As far as on the street out in public there is nothing in any law that says you have a duty to retreat. The only thing it says is that you can not esculate the situation or be the one who provoked it.

Here is the statue pay attention to section 3 a, b and c.


18-1-704 Use Of Physical Force In Defense Of A Person

1. Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

a) The actor has reasonable grounds to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or

b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 184-204; or

c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 184-301 or 184-302, sexual assault as set forth in section 18-3-402 or 18-3-403, or assault as defined in sections 18-3-202 or 18-3-203.

3. Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:

a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or

b) He is the initial aggressor, except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

There are also other laws that address property ect. Here is a link to the county sheriffs of colorado web site it lists all the statues. The statues are at the bottom of the page.

http://www.csoc.org/ccw_application_template.html

[glockmaster]

You are the Man Hunter, thanks for the info. I was trying to find this and i just was not looking in all the right places.

[newracer]

Where is the part about arson? That is also an instance when deadly force can be used.

[HunterCO]

Where is the part about arson? That is also an instance when deadly force can be used.

That statue is listed in the link I provided.

[Wulf202]

castle doctrine and make my day law are not the same.

Castle doctrine would extend the make my day law to cover your car, rv, motel room, place of buisiness. And would clearly define self defense and that if you're not charged with criminal charges you won't be sued in civil court. among other things.

Right now everything is up to interpertation.

Castle doctrine would have been good, but got shut down fast.

[HunterCO]

castle doctrine and make my day law are not the same.

Castle doctrine would extend the make my day law to cover your car, rv, motel room, place of buisiness. And would clearly define self defense and that if you're not charged with criminal charges you won't be sued in civil court. among other things.

Right now everything is up to interpertation.

Castle doctrine would have been good, but got shut down fast.

You have no idea what your talking about! I will leave it at that. [blackeye]

[Wulf202]

if i don't then please educate me, i was discussing this very thing with a firearms insturctor yesterday.

[HunterCO]

Why don't you educate yourself before makeing and ignorant statement?? You don't have a clue about anything you just said so don't expect me to explain it. If you don't know ask if you think you know and make a fool of your self that is not my problem.

[Wulf202]

this bill was killed in comitee over the previous weeks


http://coloradoshooting.org/v-web/bulletin/bb/viewtopic.php?t=3580

But i have no idea what i'm talking about do i?

[HunterCO]

this bill was killed in comitee over the previous weeks


http://coloradoshooting.org/v-web/bulletin/bb/viewtopic.php?t=3580

But i have no idea what i'm talking about do i?

Your right you have no point what is law is law get over it. :roll:

[Wulf202]

What? Glockmaster asked about "castle doctrine" law. You quoted the 20 year old "make my day" law.

I mearley said that they're not the same.

I beleive the one he was asking about is the
HB06-1246, the Castle Doctrine/Stand Your Ground Act

And you attack me and call me ignorant?

You sir need to take a step back, and re-read this once you've cooled down. Start at the link i posted above. For a moderator you show poor self control.

My point was that castle doctrine would have been great, but it was killed in commitee. I was wrong, it was in february.

[HunterCO]

What? Glockmaster asked about "castle doctrine" law. You quoted the 20 year old "make my day" law.

I mearley said that they're not the same.

I beleive the one he was asking about is the
HB06-1246, the Castle Doctrine/Stand Your Ground Act

And you attack me and call me ignorant?

You sir need to take a step back, and re-read this once you've cooled down. Start at the link i posted above. For a moderator you show poor self control.

My point was that castle doctrine would have been great, but it was killed in commitee. I was wrong, it was in february.

No you made an ignorant statement plain and simple the Make my day law is the CO castle doctrine. You may not agree with it but IT IS THE CASTLE DOCTRINE. You have no point other than the fact you don't agree with it so there for you claim it does not exist. I am simply pointing out it does exist and that is a FACT.

Next thing you should do is take a reading comprehension class he asked if Co had a law like the one just passed in Alaska. The only difference between CO and AK is that in AK it applies to ones business. CO only applies to ones home.

I guess I should show self control and let you fill everyone full of BS.

[Wulf202]

No you made an ignorant statement plain and simple the Make my day law is the CO castle doctrine. You may not agree with it but IT IS THE CASTLE DOCTRINE. You have no point other than the fact you don't agree with it so there for you claim it does not exist. I am simply pointing out it does exist and that is a FACT.



"The rationale for the law is fairly straight-forward: people have a right to defend themselves and their loved ones against criminals who break into their homes."
"The "Make My Day" law expands the protection of those who exercise self-defense within their homes. Under the law, people who defend themselves are exempted from criminal as well as civil liability. The law now resides in the Colorado statute books as 18-1-704.5"
http://www.freecolorado.com/2003/04/makemyday.html


I'm not debating the make my day law, it's existance, legalities or anything like that.

HB06-1246, the Castle Doctrine/Stand Your Ground Act Read about it here;
http://www.nraila.org/CurrentLegislation/Read.aspx?ID=1959
http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/0086AC370FC4E826872570ED006D1090?Open&file=1246_01.pdf

EXPANDS the make my day law, if you care to read the bill.




Next thing you should do is take a reading comprehension class he asked if Co had a law like the one just passed in Alaska. The only difference between CO and AK is that in AK it applies to ones business. CO only applies to ones home.



I read alot of stuff about other states bringing into law a Castle Doctrine, my question is does Colorado have a similar law that does not require you to retreat if you are in a situation that requires you to defend yourself? Or do you have to do all you can to get away form the situation?

He said other states, not specifically alaska. From my searching i found there to be 18+ states with Castle Doctrine.



I guess I should show self control and let you fill everyone full of BS.
What am i saying that's BS?

I'm quoting direct sources, with links and offering to listen to your explination, asking for you to inform me of what i'm wrong about and you respond with insulting, and inflamitory remarks.

THE REAL POINT:

Maybe we're merely arguing over definitions and technicalities??

The "make my day" law is the only LAW we have concerning duty to retreat. You are very right about that, and i've NEVER tried to say that it wasn't a law, or wasn't real. It may fall under the class of Castle doctrine in your eyes?

the Castle Doctrine/Stand Your Ground Act was the title of a BILL killed quietly in comittee, it did not recieve much press. I was trying to bring to Glockmaster's attention the definitions and possible expansion of the "make my day" law by the CASTLE DOCTRINE BILL.

[HunterCO]

No you made an ignorant statement plain and simple the Make my day law is the CO castle doctrine. You may not agree with it but IT IS THE CASTLE DOCTRINE. You have no point other than the fact you don't agree with it so there for you claim it does not exist. I am simply pointing out it does exist and that is a FACT.



"The rationale for the law is fairly straight-forward: people have a right to defend themselves and their loved ones against criminals who break into their homes."
"The "Make My Day" law expands the protection of those who exercise self-defense within their homes. Under the law, people who defend themselves are exempted from criminal as well as civil liability. The law now resides in the Colorado statute books as 18-1-704.5"
http://www.freecolorado.com/2003/04/makemyday.html


I'm not debating the make my day law, it's existance, legalities or anything like that.

HB06-1246, the Castle Doctrine/Stand Your Ground Act Read about it here;
http://www.nraila.org/CurrentLegislation/Read.aspx?ID=1959
http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/0086AC370FC4E826872570ED006D1090?Open&file=1246_01.pdf

EXPANDS the make my day law, if you care to read the bill.




Next thing you should do is take a reading comprehension class he asked if Co had a law like the one just passed in Alaska. The only difference between CO and AK is that in AK it applies to ones business. CO only applies to ones home.



I read alot of stuff about other states bringing into law a Castle Doctrine, my question is does Colorado have a similar law that does not require you to retreat if you are in a situation that requires you to defend yourself? Or do you have to do all you can to get away form the situation?

He said other states, not specifically alaska. From my searching i found there to be 18+ states with Castle Doctrine.



I guess I should show self control and let you fill everyone full of BS.
What am i saying that's BS?

I'm quoting direct sources, with links and offering to listen to your explination, asking for you to inform me of what i'm wrong about and you respond with insulting, and inflamitory remarks.

THE REAL POINT:

Maybe we're merely arguing over definitions and technicalities??

The "make my day" law is the only LAW we have concerning duty to retreat. You are very right about that, and i've NEVER tried to say that it wasn't a law, or wasn't real. It may fall under the class of Castle doctrine in your eyes?

the Castle Doctrine/Stand Your Ground Act was the title of a BILL killed quietly in comittee, it did not recieve much press. I was trying to bring to Glockmaster's attention the definitions and possible expansion of the "make my day" law by the CASTLE DOCTRINE BILL.

So to make a long story short the "Make my day law" Is the Castle Doctrine and you have proven you have no idea what the hell your talking about. Enough said [buck]

[Wulf202]

Well, it's clear that your set on insulting me for no reason and cannot have a debate about a law. You refuse to bring up facts, and attack me personally when i do.

I even offer an out, by saying we are probably arguing technicalities and definitions, and you still choose to insult rather than say anything constructive.

I am ashamed that i was drug into this by you, and others will be able to form their own opinion.

To Glockmaster, i opologize for turning this into an argument between HunterCO and myself, i hope you atleast got some useful answer to your question here.

[KarlPMann]

One little note, about the part you said about it not applying to a business. That's not true. The law never said either way, but the courts have ruled that it not only applies to your business, but also your car. Legal precedance is just as much law as the statute itself. You have the right to defend yourself, at home, work, and in your car. Karl.

[HunterCO]

Yes it is called the "Make my day law".

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.


Notice the word HOME not business yes everybody has the right to defend themselves any place. I am talking about CO's castle doctrine not the self defense statues. Which Wulf202 for some unknown reason thinks it is not a casltle doctrine. When it in fact 100% is the CO castle doctrine.

[Jay Kominek]

Castle doctrine would extend the make my day law to cover your car, rv, motel room, place of buisiness. And would clearly define self defense and that if you're not charged with criminal charges you won't be sued in civil court. among other things.
The bill you're referring to doesn't say anything about places of business, just vehicles and "temporary lodging". It doesn't add immunity from civil liability (it was already there, see page 4, line 5, note that "civil liability" isn't in capital letters). The only "other things" I can find is that it adds stuff about how the presumption of reasonable fear isn't there if the person against whom you use lethal force is allowed to be there, or is retrieving a child and other such minutiae (page 3, lines 10 through 24).

[KarlPMann]

As I said earlier, the law never specified your place of business, but the courts have ruled that it applies because the only jury that decided a case in regards to a shooting in a business ruled not guilty. Karl.