"Make my day... better"

Blind_Io

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For many of our non-American members, Colorado has a law that was dubbed the "Make My Day" law (after the famous line from Dirty Harry). This law says that someone can defend their homes with deadly force if threatened. This new law is apparently called "Make My Day Better."

Read on for the Denver Post's opinion on it. Personally, I like it and here's why. It is the duty of the state to prove beyond a reasonable doubt that a crime has taken place - under the law self defense is not a crime. If this is the case then why is it the job of the victim to prove his or her own innocence?

Dead scumbag bleeding into the berber? Check.
Homeowner with proof of forced entry? Check
Homeowner with .357 or a shotgun? Ooooo, it's still warm *cuddles gun* oh, I mean, um... check

Wouldn't the dead scumbag, probably with priors and most likely with signs of drug use (hey, I'm just going by statistics here) kind of indicate the homeowner shot in self defense? Anyway, I like this law. I think that there should be more states with laws like this.

I'm going to go polish my gun now.


http://www.denverpost.com/ci_5112919

editorial
No need to expand home-intruder law
HB 1011 is an unnecessary attempt to expand the current "Make My Day" law to cover people who feel threatened while in their cars and businesses.
Article Last Updated: 01/29/2007 07:16:06 PM MST

Colorado already has two laws that protect crime victims who use deadly force to protect themselves. That's why a controversial proposal dubbed the "Make My Day Better" bill is unnecessary and potentially troublesome. Lawmakers should quickly consign it to the legislative history file.

The legislation, House Bill 1011, sponsored by Rep. Cory Gardner, R-Yuma, would expand the current home-intruder law to include people who feel threatened by another person while in their cars and businesses. It creates the "presumption" that the person in the house or car or business "has a reasonable fear of imminent death or serious bodily injury" to themselves or others.

Current law places the onus on home occupants to prove they were in fear of their lives. Gardner's bill places the burden on police and prosecutors to prove they weren't. That's preposterous.

Colorado's current intruder law says that "any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force" against an intruder if they reasonably believe "that such other person might use any physical force, no matter how slight, against any occupant."

The state's self-defense law says that "deadly physical force" may be used if a person has "reasonable ground to believe" they or others are in "imminent danger of being killed or of receiving great bodily injury," whether they're in a car, office or elsewhere.

The bill is scheduled for a hearing before the House Judiciary Committee on Wednesday. We're satisfied that Colorado already has ample law to immunize potential victims of, say, carjackings and business intrusions from prosecution. Moreover, HB 1011 has the potential to expand gun violence. Colorado law allows people to carry concealed weapons in their homes, cars and businesses. It seems to us that this measure will have the unintended consequence of providing cover to criminals, including gang members, who decide to shoot from their cars.

District Attorney Mark Hurlbert of the 5th Judicial District said, "If it's not self-defense, we don't need to create another law that makes it self-defense." He said the bill raises "serious concerns that this potentially could be used as a defense for drive- by shootings and those kinds of crimes."

The Colorado District Attorneys Council is not taking a position on the measure. Colorado sheriffs support the bill. But Boulder County Sheriff Joe Pelle, president of the association, has asked the bill's sponsor to amend the bill to exempt law officers serving a warrant or making a vehicle felony stop at gunpoint. "We don't want this to become a defense" for shooting an officer, he said.

That's reason enough to reject this unnecessary measure altogether.

The one thing I don't agree with is that it (allegedly) allows anyone to carry a concealed weapon in a car. The paper at least has that right, to carry a concealed weapon you should have a permit and be properly trained.
 

targa_997

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Isn't it like in Louisiana where you can kill (not shoot at, kill!!!) thieves in your home or stealing your car.
 

eddysdaman

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It not just other states that could benefit. Its other countries. Some laws are ridiculous, for instance if I get mugged, Law states I don't defend myself, I let it happen and then report it. Nothing gets done in these instances. Hell I should be able to beat the living sh*t out of the f*cker. I even know of a person who got sued because a burlgar who was trying to break in fell through the roof and landed on a knife. :p
 

Blind_Io

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It not just other states that could benefit. Its other countries. Some laws are rindiculous, for instance if I get mugged, Law states I don't defend myself, I let it happen and then report it. Nothing gets done in these instances. Hell I should be able to beat the living sh*t out of the f*cker. I even know of a person who got sued because a burlgar who was trying to break in fell through the roof and landed on a knife. :p

Ummm. Apparently he fell down an elevator shaft and landed on some bullets, officer.

That is just fucking ridiculous.
 

nomix

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I think it's okay. I am a firm believer in realism, and a firm believer of self defense. I wouldn't shoot someone just for being in my house, but if I was treathened, I would.

I am not in favor of the death penalty, as you should know by now, but when someone tries to hurt someone else, they take upon themselves, the responsibility, and then they are the agressor, not the guy shooting.

That's my belief.

Swedes on the board:
Is it true, that if you are faced by someone with a gun, you can ask them to put it down, if that doesn't work you can warn them you will shoot, then if they don't put it down, you can warn them again? If they still don't put away the gun, you take it from him, while asking him politely to wait while you call the police?
 

Top Geek

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Is it true, that if you are faced by someone with a gun, you can ask them to put it down, if that doesn't work you can warn them you will shoot, then if they don't put it down, you can warn them again? If they still don't put away the gun, you take it from him, while asking him politely to wait while you call the police?
Oh, yeah, that'll work...
 

targa_997

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If you hurt someone breaking into your house/car in France, he's gonna attack you at the court and you're likely to have a stronger sentence than him.

Better: if a thief drown into your swimming pool (which doesn't have a surrounding fence, legally mandatory), you can be sued into court.
 
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Blind_Io

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If you hurt someone breaking into your house/car in France, he's gonna attack you at the court and you're likely to have a stronger sentence than him.

Better: if a thief drown into your swimming pool (which doesn't have a surrounding fence, legally mandatory), you can be sued into court.

That's why you go to the range so you can get in a headshot. Either that or use a shotgun with buckshot, that usually results in chunky-style spaghetti sauce.
 

zenkidori

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The one thing I don't agree with is that it (allegedly) allows anyone to carry a concealed weapon in a car. The paper at least has that right, to carry a concealed weapon you should have a permit and be properly trained.
I think this is just a misunderstanding by the paper. I live in Colorado and am planning on getting my concealed carry permit, and you do infact need one to carry a loaded gun in your car. the only other way you can carry a gun in your car is if it's unloaded, secured(in a case or something) and beyond reach of anyone in the car, i.e. trunk.
 

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That's why you go to the range so you can get in a headshot. Either that or use a shotgun with buckshot, that usually results in chunky-style spaghetti sauce.



Gotta have my Chunky Soup!

I agree with Blind on this one. If someone comes into my house, with my family in it, I will do my damnedest to not only protect them; but make sure the intruder never fingers my house again. Should he die in the process, well that's his own damn fault.

/not a gun owner.... so be ready for a fight.
//...but i do have 6 pairs of nunchucks, 4 bo-staffs, and several knives.
///as well as a 2nd degree black belt.
//// <---awesome bo staff skillz.
 
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Blind_Io

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I think it's okay. I am a firm believer in realism, and a firm believer of self defense. I wouldn't shoot someone just for being in my house, but if I was treathened, I would.

I don't WANT to shoot anyone inside the house. I mean, do you have any idea how much this carpet costs per yard? Deep blood stains like that never come out, I would have to recarpet the whole place just to make sure it all matched. Then there is the splatter on the walls that will require painting and possibly patching... Yeah, I would much rather cock my shotgun at your and have you wet yourself as you run away.
 

Peter3hg

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I feel pretty safe really. Theres a sheaf knife, large Swiss Army knife and a few hypodermic needles on the drawer next to my bed if I hear an intruder coming in. It's likely to be as much if not more than an intruder is carrying.
 

nomix

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I don't WANT to shoot anyone inside the house. I mean, do you have any idea how much this carpet costs per yard? Deep blood stains like that never come out, I would have to recarpet the whole place just to make sure it all matched. Then there is the splatter on the walls that will require painting and possibly patching... Yeah, I would much rather cock my shotgun at your and have you wet yourself as you run away.
Not to forget the cost of ammo. And someone might become sad for killing a man.

I feel pretty safe really. Theres a sheaf knife, large Swiss Army knife and a few hypodermic needles on the drawer next to my bed if I hear an intruder coming in. It's likely to be as much if not more than an intruder is carrying.
Yes, I have a home made billy club by my bed.
 

Jay

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Illinois has a similar law to Colorado and Texas...you can use deadly force if you are registered and licensed, and you must first give fair warning to the intruder that you do indeed have a gun.

Best thing to do if you get broke into, is grab your cell phone, call 911 and have them record your threat.
 

Blind_Io

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I consider the sound of me cocking my shotgun warning enough. I don't care what language you speak, that sound says it all. If he keeps coming I am going to blow him right back out the window or door.
 

TC

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I have my .45 automatic next to my bed with a clip full of hollow points.
 

nomix

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I don't get this obsession with caliber you yanks got, what's wrong with a Glock or a Beretta? :)
 

Blind_Io

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I don't get this obsession with caliber you yanks got, what's wrong with a Glock or a Beretta? :)

Nothing. As long at the caliber starts with a 4.
 

TC

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I don't get this obsession with caliber you yanks got, what's wrong with a Glock or a Beretta? :)

Some things are more important. Like if you have a BMW that starts with an M.
 
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