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I have a question that I can not find an answer to (i've checked the internet and searched through the forums here). Does Colorado have a law like Texas "make my day" or better known as Castle domain? I just want to know where I stand with the law if I shoot an armed intruder inside my home.
thanks
Yes, Colorado has the Make My Day law, but it is not as extensive as Texas' Castle Doctrine.
You can use lethal force on intruders inside your home, but it doesn't extend outside of your home to your car and business as extensively as the Texas law does.
Not sure bout that Sturtle.
a few years ago a Fairplay man shot and killed a person stealing a radio from his truck outside, but on his property. well documented and my eye Dr. testified on his behalf.
He was found justified. The perps family tried to sue for wrongful death, case dismissed.
Really? That's good. I only wrote out what I'm 98% sure on. I haven't read into the law yet.
Just in case someone unfamiliar with Colorado law ever comes to my house and may not be invited and/or a friend, I have placed a sign leading up my steps to help them make a more educated decision...
http://img.photobucket.com/albums/v421/mr242/NTSign.jpg
The last thing I heard regarding the Colorado "make my day" law was that YOU must be in your home (this may have been extended to your vehicle and I don't know what else. Tent? RV?).
The "bad guy" need not necessarily be inside your "castle". Simply that you feel threatened while you are inside your castle. You have the right to feel safe in your castle.
There was a case in the Springs a while back. Neighbors' dispute over dogs defecating on somebody's lawn.
Guy is banging on the front-door, screaming obscenities, woman leans out the upstairs window and shoots him. She was inside her home and felt threatened...
Mike
What kind of silhouette is that on the sign? Looks like a CZ.
There was another case here in the Springs just recently. Extremely intoxicated guy presumably thought he was home. Turns out he was off by a block and at someone else house.
His key doesn't work. Door is locked. Starts beating on the front door, goes around back, breaks a window and tries to force his way through another door. The homeowner finally shoots him.
Mike
Can someone post a link to the law in question so we can all read, discuss, and go over various scenarios with it?
Quote:
Originally Posted by Chief_of_Scouts
link
Quote:
18-1-704.5. Use of deadly physical force against an intruder.
(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.
Source: L. 85: Entire section added, p. 662, § 1, effective June 6.
Cross references: For limitations on civil suits against persons using physical force in defense of a person or to prevent the commission of a felony, see § 13-80-119.
Thanks, will have to look at it when I get home.
The sign isn't visible from the street, nor is it readily determinable if the house is occupied or not without making entrance into my domain. Obviously this sign isn't going to be prudent for everyone.Quote:
Originally Posted by foxtrot
Thanks for looking out though Foxtrot. [HiFive]
The intruder wasn't shot until he was actually partially(his arm) inside the residence. The bullets went through said portion and entered the remainder of the body still outside.Quote:
Originally Posted by michael_aos
The home owner was well versed in Colorado laws and knew when he could protect himself and his family. Technically the intruder could have been shot before that as his attempts to enter the home prior to the shooting caused serious bodily injury to the home owner. (the home owner was holding the door shut as the intruder was attempting to kick it in) These injuries could be argued that they needed medical attention changing the status of the shooting from Castle Doctrine to personal self defense.
Thanks. Like I first said I could not find the code anywhere on the internet when I went searching. It is a good thing to know I can protect myself and my family while inside my home. Now just to get moved, become a resident and then apply for my CHP (after taking a class of course). Then it will be taking some pistol and carbine classes.
thanks
Dawna
Ok. I know it is "legal" to shoot if they come in your home and you believe they will do an occupant harm.
That said, I think (no-one knows for sure until it happens) that shooting would be my last resort in most cases.
For example, if I believed that the was burglar in the house, my first reaction would be to try and quietly get the kid out of the other bedroom and bring her into our room. Then, have the wife and kid go into the closet from the master bedroom and me get down on the far side of the bed with a firearm. This has a good view to the bedroom door. Then call 911 even if I didnt say a word. Hopefully the police would come.
If the burglar steals stuff, so be it. It can be replaced and I have insurance. Hopefully they take what they want and leave and the police come.
Now, if they want to make it about a confrontation, then I will respond, but if its just about theft, I would rather not have a shooting on my hands even if I am justified. Confronting a burglar will make it a confrontation and someone is very likely to get shot.
-Dana