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
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.
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.