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Old September 12, 2005, 11:43 PM   #12
Garand Illusion
Senior Member
 
Join Date: March 4, 2005
Location: Colorado
Posts: 1,278
I live in colorado too. Besides my normal CCW class I also took the advanced class that included a lawyer. While I myself am not a lawyer ...

Colorado law gives you pretty much unrestricted right to use lethal force in your home. It's an excellent law that likewise protects your from civil liability.

In terms of using lethal force against a person without a weapon ...

As has been said, that is a situation that is going to be worked out months after the fact by people sitting in air conditioned rooms -- not the same people who were around on the street where it happened who saw what was going on. And parents/friends will be there to tell tearful stories of the assailant and pictures of them smiling for their high school book.

That's just the reality of it, and if somebody shot you you would want your loved ones to be able to present their view of you. So ... if you're arguing with a guy over a parking place and he starts throwing punches because he's a jerk ... right or wrong, you'd better wait until you're bruised up enough for some scary pictures before you take him down. And make sure you go to the hospital and get checked out. Make sure you go in an ambulance.

It sad, because waiting until a few punches fall can get you killed (because which punch will cause a cerebral hemmorhage?) but you're taking your chances if you start throwing lead. And again ... right or wrong you would want the person who shot you to face a jury. That's the only way it can work no matter what the law says.

If the person is committing any kind of a crime against you, though, it is a whole different story. For one thing, a person perpetrating a crime cannot sue the victim in Colorado. So ... as long as he's in the act of robbing or assaulting you, if you shoot him he can't sue you in civil court. It's a law that goes back to the 80's, when there was a case of a robber climbing on someone's roof to break in when the roof gave way. The robber actually sued the homeowner for having a faulty roof, even though he did so from jail. And he WON the suit! As a result Colorado immediatley changed the law so that a criminal cannot sue his victim.

With this law and the home protection law, Colorado is a great state.

We also don't have any requirement to retreat, and can use deadly force at any time we reasonably feel threatened (and an impending assault by multiple attackers has fit this bill in past cases). I think only Floridians have it notably better, though I haven't checked state by state.

I think our laws are incredibly reasonable.

In terms of carrying a knife ... a knife is only effective when as a last ditch weapon. I.e. when the 200lbs heavier BG is sitting on your chest turning your face into hamburger, inserting 3 inches of serrated steel into his side is going to change the balance of power. Suddenly slashing out at and cutting at group of otherwise unarmed attackers (multiple attackers) may turn them back as well.

Nothing wrong with carrying a knife. There are many situations where it might come in handy. But with how easy it is to CCW in Colorado and all the small weapons out there ... why do it?
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