can you legally harm a trespasser on your property in colorado?

Question

just curious, a girl needs to know to what length she can protect herself

and yes, i was born in alabama.
yes, i have a gun and a permit

all you freaking liberals!
you really think i would shoot a freaking kid walking across my lawn?
i have much property, and anyone on it near my home should be invited.

wow, you guys...
i am well trained with a gun.

i know it is your opinion, but wow, what stupid answers

Answer 1

Colorado has the smoke em law. If someone enters your house without your permission (a burglar, rapist, thief, scumbag) you can shoot em nice and dead. On the outside of your house but on your property after dark you have the right to shoot an intruder (garage, shed, or trying to break in). You will always have to be able to justify your actions as it should be. My son was the victim of a home invasion, pepper sprayed and tied up. The scum then went through the house looking for money.
Now my son has a nice S&W 9 MM and I hope that guy goes back and meets a bullet.

Answer 2

There's a fine line between self-defense or not. A lot of states have statutes clearly identifying where lethal force can and cannot be used. In addition there may be municipal or county laws that are specific to those municipalities or counties.

COLORADO’S HOMEOWNERS PROTECTION ACT

The text of Colorado’s Homeowners Protection Act (Colorado Revised Statute number 18-1-704.5 — Use of Deadly Physical Force Against An Intruder) — otherwise known as the 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 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.

This is the current law there....

Answer 3

Nimaeve has nailed this answer.

Be aware that shooting someone who is only trespassing on your property (not dwelling), and not commiting any other crime will result in your arrest.

If you shoot (or otherwise use deadly force inside your dwelling) you will have to articulate why you used deadly force and why you felt in danger...

The "Make My Day Law" as the Homeowner's protection Act is commonly known has seldomly been used as an affirmative defense.

Answer 4

Just for Trespassing - most likely not.

The little children who cut across your yard walking home from school are trespassing.

You are not allowed to take you gun out and shoot the little children.


Bad guy crawls in your locked window at night - different story - better make sure he's in the house when you shoot.

But - for the best answer - contact criminal attorney in your state and find out exactly what the law is on the matter.

Answer 5

I'm no legal expert, but ...
if they broke into your house, you could definitely use force to restrain em or kick em out.

But if they're just, say, walking across your yard, I'd just politely ask em to leave. Anything more than that, and you'd be risking a stay at the graybar hotel.

Answer 6

The law generally permits a homeowner to use REASONABLE FORCE in order to defend herself and her property. This basically means that your life or body must be imminent danger in order for you to be able to use lethal force (such as guns).

To be on the safe side, if you see someone cutting across your yard and coming uncomfortably close to your house you should turn the lights on and confront them from inside your house. Leaving at least your front porch light on at night discourages burglars since they generally go for empty-looking houses or houses where everybody looks asleep. Keep your gun within reaching or walking distance just in case.

One thing you want to not do is to take potshots at everybody who so much as goes near the sidewalk outside your yard; the government and your neighbors will frown on that and you might be arrested for manslaughter. You absolutely have the right to defend yourself but that right is not the same as a hunting license on humans.

Answer 7

Probably not. It would likely depend on circumstances. Two different ones may well produce a different result:
1. Boy goes to retrieve his ball with no intent to harm.
2. Armed Robber breaks in with intent to massacre the residents family.

I think you may well be justified in number 2, but you could well be prosecuted for number one.

Answer 8

Do you have a permit in CO? Best check the laws there before you unload a clip on someone.

Answer 9

Absolutely not. The way to protect yourself from a trespasser is to call the proper authorities and let them handle it. Otherwise you will be out there using all hikers for target practice. If you do, you will be prosecuted for it.

Answer 10

My guess is it is OK if they are in your house but 9 times out of ten your fear will cause you to make a mistake