Make My Day Law Question

[bellavite1]

Hi guys.
Here's the scenario:
my wife is getting her CCW.
She is legal caregiver of her old mother, who lives in her own house.
The house is only in my mother in law's name, so technically it is not my wife's own house or dwelling, as stated by the MMD law, but she spends there most of her day, everyday.
Somebody enters the house uninvited.
Can my wife protect herself and her mother from an intruder even in the absence of an evident weapon (does the MMD law protects her in this scenario)?
Or would she have to face legal consequences for firing on an unarmed intruder?
Obviously this would not apply to a situation where the intruder is armed, but we are trying to run different scenarios so to not be caught unprepared.
I know a lot of you guys would do whatever you have to, but I am looking for an actual legal opinion.
Thanks for your help.

[Troublco]

Here's the text of the 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.

It sounds to me as though if your wife is there a lot of the time, and she is the legal caregiver, she would fall under the category of "occupant".

[Great-Kazoo]

if i'm injured during a home invasion and the neighbor, or coworke,r who is visiting picks up my firearm and uses it to stop the threat they are covered.

[newracer]

I wonder if "occupant" is defined.

[Backinblackrifles]

I am not sure you will have to look it up but I believe that this includes "invited" guests.

[sniper7]

I'm not a lawyer but from what I read in the law it seems she is covered. Think about if kids are living at home (say they are 20 years old) and a guy breaks in while the parents are gone and the kid kills the unarmed intruder. the kids would be covered even though their name is not on the house.

[Ak47Ar15Glock26]

they made the law simple. if you are in anyones home in the state, invited, then you can defend that place. your wife can blow him away! her name doesnt have to be on any piece of paper.