Make My Day Law Question

[Great-Kazoo]

I would say you are covered, Dwelling is a home and occupant is the person who is living there or staying there. If a burglar comes into that home that you are supposed to be staying at then you can defend yourself...

I would say if you are staying a hotel and someone breaks into your hotel room you should still be good.

a burglar is someone enters illegally or unlawfully or remains unlawfully.

this. any dwelling you reside in be it for 30 years or 30 min. if deadly force is justified during a break in you are covered. The SCOTUS ruled in favor of a camper that was busted for possession while camping. The rangers entered his tent and found drug "items" . case went to SCOTUS. they ruled in defendants favor as the tent while not a permemant fixture was a "dwelling" and warrant was needed to enter as a "reasonable amount of privacy was expected as it (at the time) was their living quarters. Same goes for your vehicle, covered while transporting a firearm (in a safe manner) in states that do no trecognize CO's CCW reciprocity.
A babysitter while not "resident" is in the dwelling and does have a right to self defense. If again DF is needed they stop the threat you would be hard pressed to find a DA that would bring the shooting to trial.
YMMV. This is why everyone on this and any other gun board should have a reliable, knowledgeable firearms smart attorney as a friend or a phone number to call if needed.
no one here (unless admits it) is an attorney. asking on this board what your legal rights are is hearsay.

[bellavite1]

Very true.
It would be a GOOD thing to have an attorney at hand for this kind of occurrence.
So, let me throw this out there...
Is any of you guys an attorney or knows an attorney that could be interested in a "group rate" for forum members or that specializes in firearms related issues?
I have never needed an attorney, so I do not know how it works.
For a while I was a member of pre-paid legal services, but after getting some very confused replies and some very delayed calls back when I did have questions, I gave it up.
I would however be very interested in having an attorney on call should anything happen while myself or my wife are carrying.
Do attorneys charge a fee to be "on call" or is it a "per service" fee schedule?
Any suggestion?

[275RLTW]

She is covered under CRS 18-1-705

"A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson."

[Mtn.man]

That is the way I read it too. co.

[newracer]

Exactly she would be covered under the normal self defense laws but not by the make my day law. They are a lot different. So back to the original question she could not use deadly force simple because the intruder entered the building.

[Irving]

No one is allowed to use deadly force as an answer to simple trespassing. If she believes that physical threat was eminent though, I agree with everyone else that a DA wouldn't prosecute.


I imagine, but I could be wrong, that if you stopped a guy from stabbing his wife in the middle of the street, by choking him to death, that you'd be okay legally. Maybe I just wish it were that way though.

[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.

[KevDen2005]

I imagine, but I could be wrong, that if you stopped a guy from stabbing his wife in the middle of the street, by choking him to death, that you'd be okay legally. Maybe I just wish it were that way though.

The make my day law really isn't the law in question on your comment, but you are allowed to defend your life or the life of another...