December 01, 2004
Colorado is a great state to live in (if you own a gun)
For those two readers out there that don't know, I am a firearms enthuisiat. I currently own several handguns and a mean looking shotgun. (For any of you that get any funny ideas just remember that I keep a loaded gun next to the bed at all times.) Currenlty I shoot in a local pistol match once a month and I also shoot trap. I have also recently applied for my concealed carry permit. Being that firearms are of considerable interest to me I spend a lot of time on one of the largest gun message boards online Glock Talk. They have sub-forums dedicated to many topics, the one I have been spending the most time in recently is the Concealed Carry forum. In this forum people discuss all things related to carrying a firearm from holster selection and which is the best tactical flashlight to how to handle given scenarios and recounting personal experiences. After reading many of the personal experiences and having applied for my own permit to carry I have learned that the state laws concerning how and when you can use deadly force and what your actions leading up to that point must be, often retreating if possible, it made me curious to see what the local laws are. Boy am I glad to live in Colorado. Firstly I learned that Colorado has what is called the "Make My Day Law". Sounds cool right? It says:
(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. (Colorado statute 18-1-704.5)
Put simply if anyone unlawfully enters your home you and you believe they intend to do you harm you can use whatever level of force, up to deadly force, and it is perfectly legal and you can not be sued in a civil court. EVIL DOERS BEWARE!!!
The other think that I learned that pleased me is that according to Colorado Case Law there also is no duty to flee before responding with force. In some cases you can even pursue someone if necessary.
Doctrine of retreat is from common law. There is no statutory provision regarding the duty of a person to retreat before countering the use of force with force. The doctrine derives from the common law. People v. Watson, 671 P.2d 973 (Colo. App. 1983).
The common-law doctrine of retreat to the wall has been modified and is applicable in this jurisdiction only to cases where the defendant voluntarily enters into a fight, or the parties engage in mutual combat, or the defendant, being the assailant, does not endeavor in good faith to decline any further struggle before firing the fatal shot, and possibly to other similar cases. Harris v. People, 32 Colo. 211, 75 P. 427 (1904); Enyart v. People, 67 Colo. 434, 180 P. 722 (1919).
The defendant, if he did not provoke the assault, is not obliged to retreat or flee to save his life, but may stand his ground, and even, in some circumstances, pursue his assailant until the latter has been disarmed or disabled from carrying into effect his unlawful purpose, and this right of the defendant goes even to the extent, if necessary, of taking human life. Boykin v. People, 22 Colo. 496, 45 P. 419 (1896); Enyart v. People, 67 Colo. 434, 180 P. 722 (1919).
It seems that although time has marched on Colorado has retained a little of its Wild West heritage. You can still stand up for yourself and defend your home without having to rely on the 911. Here are some related links:
Boulder Rifle and Pistol Club
Where I shoot my regular match.
Packing.org
Great info for anyone interested in concealed carry.
Colorado Revised Statutes
For those of you that are local and would like to read them for yourself. (Courtesy of Rocky Mountain Gun Owners.)
Posted by Ripley at December 1, 2004 04:42 PM
Comments