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Castle Doctrine
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?
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]
"The people never give up their liberties but under some delusion." (Edmund Burke 1784)
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?Yes it is called the "Make my day law".
http://www.nraila.org/CurrentLegisla...ITNDrop=7797-N
Do we have one of these on the books?
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
"The people never give up their liberties but under some delusion." (Edmund Burke 1784)
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.
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.Originally Posted by newracer
"The people never give up their liberties but under some delusion." (Edmund Burke 1784)
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]
"The people never give up their liberties but under some delusion." (Edmund Burke 1784)
if i don't then please educate me, i was discussing this very thing with a firearms insturctor yesterday.
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