[Il Duce]

I'm new to firearms and was curious as to what exactly "Make My Day" laws are and what states have them?

I'm sure this has been discussed before, but I couldn't find a thread on it.

Thanks for the help. :D

[Bob Locke]

In Colorado, the "Make My Day" law concerns the inviolate nature of a person's home. If someone is in your house and is intent ("reasonable man" test applies) on doing you or your family serious bodily harm, then you are justified in using any and all means to stop them. That includes lethal force.

Also in Colorado, it bars the family of the injured/deceased criminal from bringing civil suit against the victim. I'm a very big fan of this law as a whole, but I am really, really glad that provision was included.

[Larry Ashcraft]

Well, Colorado has one. I don't have the exact wording here (I have it at home, I could post it tonight).

Starts out something like "We believe people have the right to absolute safety in their own homes..."

Basically, if someone is in your home illegally or against your wishes, and you feel threatened or feel your life is in danger, you may use deadly force against them. Also, if it is determined to be a good shoot, there can be no civil suits filed, either.

[P95Carry]

Also in Colorado, it bars the family of the injured/deceased criminal from bringing civil suit against the victim. I seriously believe, that this should be the case - everywhere.

[4v50 Gary]

In California, if the burglar falls through your skylight, he sues you the homeowner for failure to inspect and make safe. :mad: Rowland v. Christian

[Werewolf]

Oklahoma has a "Make my Day Law". It was modeled after the Colorado law to include immunity from civil suit in the event you kill or injure an intruder in your home.

The main difference that I see is that in OK the mere fact that an intruder has entered your home unlawfully is reason enough to consider your life in danger and to use deadly force against him/her. The law is fairly specific about that.

I can only remember 2 cases in the last 10 years where a home owner was prosecuted for killing an intruder and both of those were cases of the home owner killing someone not actually an intruder though they set it up to appear as such.

Hmmmmm....
Wonder if that has anything to do with the low rate of occupied home burglaries here?

[Standing Wolf]

Wonder if that has anything to do with the low rate of occupied home burglaries here?

Just a coincidence, I'm sure.

[BowStreetRunner]

Standing Wolf,
my criminal law class studied Colorado's make my day law last semester.
it says that a person may use deadly for to defend their dwelling if:
1. an intruder makes unlawful entry
2. occupant reasonably believes that the intruder has committed or intends to commit a crime in the dwelling
3. occupant reasonably believes that the intruder may use any physical force on the occupant, no matter how slight

disclaimer: A. I am not anyone's lawyer. B. I am not a lawyer. C. Refer back to A and B.

BSR

[Larry Ashcraft]

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 commited 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 the 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 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 force, in accordance with the provisions or subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

(emphasis mine)

[7.62FullMetalJacket]

My home is my castle.

[Il Duce]

Thanks for the info...I'll have to run a search and see if PA has this law. I certainly hope so.

[Brian Williams]

I doubt it, to many dem's on our East and West borders. Pa is just like the US, Democratic on the East and West with little pockets in the middle, mostly republican in flyover country

[twoblink]

I can't find my papers anymore (because my mom threw them out)

But these laws stemmed from the "British Castling Acts" of some 1700's..

The British Castling Acts basically said "The man is the King of his Castle, and can use whatever forces necessary to protect it and the people within it from enemies foreign and domestic.."

That means by any means neccesary... including deadly force if they are a threat to your loved ones..