Category: Home Defense

This category focuses on strategies, tactics, and equipment designed to enhance home security and personal protection. Topics include defensive planning, safe firearm storage, alarm systems, securing entry points, use-of-force considerations, and creating a layered home defense strategy to keep you and your family safe.

Home Defense, Legal & Law

Your Rights Under Colorado’s ‘Make My Day’ Law

Mark Schneider

We’ve all heard the phrase “make my day,” but in Colorado, it’s more than just a movie quote—it’s part of a real law that gives homeowners and occupants powerful legal protections when it comes to defending themselves inside their own homes.

Whether you’re a concealed carry permit holder or a homeowner looking to understand your rights, Colorado’s “Make My Day” law—found in Colorado Revised Statute § 18-1-704.5—is one of the most important self-defense laws in the state.

🔹 What Is the “Make My Day” Law?

Colorado’s “Make My Day” law gives you the legal right to use deadly force against an intruder in your home—without any duty to retreat—if you reasonably believe they’ve committed a crime and may use physical force against you or another occupant.

You don’t have to wait to see a weapon. You don’t have to warn them. You don’t even have to be 100% sure of their intentions. If someone unlawfully enters your home and you reasonably believe they pose a threat, you’re legally justified in using deadly force.

🔹 The Law in Plain English (C.R.S. § 18-1-704.5)

Here’s what the law says:

A person is justified in using any degree of physical force, including deadly force, against another person when:

  • The other person has made an unlawful entry into the dwelling;
  • The occupant has a reasonable belief that the intruder has committed or intends to commit a crime (other than the entry); and
  • The occupant reasonably believes the intruder might use physical force, no matter how slight.

If all those conditions are met, you are immune from criminal prosecution and civil liability.

🔹 Key Points You Need to Know

  • It only applies inside your home. This law does not apply in your front yard, garage (unless it’s attached), driveway, or place of business.
  • You must be a lawful occupant. It doesn’t just apply to homeowners—renters and invited guests are protected too.
  • There must be unlawful entry. If someone walks through your open door and you invited them in earlier, this law probably doesn’t apply.

🔹 Real-World Scenario

Let’s say it’s 2 a.m. and you hear someone break a window and climb into your living room. You grab your firearm, confront the intruder, and shoot them. Under Colorado’s Make My Day law, if your belief that they posed a threat was reasonable, you’re protected—even if it turns out later they were unarmed.

You don’t have to retreat. You don’t have to wait to be attacked. You don’t even have to give a warning. This law is designed to protect your right to defend your home and your loved ones.

🔹 Important Caveats

  1. Don’t assume immunity automatically applies. Prosecutors will still review the case. If the person was invited in, lived there, or didn’t enter unlawfully, you may not be covered.
  2. Not the same as “stand your ground.” This law only applies inside the home. Colorado has no official “stand your ground” statute for public spaces—but court rulings like People v. Garcia function that way.
  3. Use good judgment. Just because the law protects you doesn’t mean deadly force is always the best—or only—option.

🔚 Conclusion

Colorado’s “Make My Day” law gives you strong legal protection if you’re forced to defend yourself from an intruder inside your home. But like any self-defense law, it comes with conditions.

Know your rights. Know your limits. And always use deadly force as a last resort, even when the law says you’re allowed to use it.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, please consult a licensed Colorado attorney.

Home Defense, Legal & Law

Colorado’s Firearm Storage Laws: A Comprehensive Guide to Responsible Gun Ownership

Mark Schneider

In Colorado, responsible gun ownership extends beyond the immediate handling and use of firearms to include their secure storage when not in the owner’s direct control. The state’s laws mandate specific requirements for storing firearms to prevent unauthorized access and enhance public safety. This article will delve into these requirements, citing relevant Colorado Revised Statutes (CRS), and provide detailed examples of good and bad storage practices to illustrate the importance of adhering to these laws.

Legal Requirements for Firearm Storage

Colorado law, specifically CRS § 18-12-114, addresses the safe storage of firearms. According to this statute, it is unlawful for a person to leave a firearm unsecured if they know or should reasonably know that a minor or unauthorized person could gain access to the firearm. This law aims to prevent accidents, theft, and misuse of firearms by ensuring they are stored securely when not in use.

In the Home or Business

For firearms stored in homes or businesses, the law requires several specific methods to ensure security:

  • Safes: A locked safe specifically designed for firearm storage. These safes are typically constructed from heavy-duty materials, making them difficult to break into. Firearm safes also often come with features like biometric locks or combination locks that further enhance security.
  • Lock Boxes: A lock box that is secure and tamper-resistant. Lock boxes are generally smaller than safes and can be easily stored in discreet locations around the home or business. They provide a convenient option for securely storing a firearm while ensuring it remains accessible to the owner.
  • Locked Containers: Any other secure, locked container that can effectively prevent unauthorized access. These containers can include anything from a locked drawer to a specially designed firearm cabinet. The key is that the container must be lockable and sturdy enough to deter unauthorized access.
  • Other Reasonable Areas: A designated, secure area within the property that can reasonably prevent unauthorized access. This could be a locked room or a hidden compartment that is difficult to find or access without specific knowledge.

In a Vehicle

When storing firearms in a vehicle, Colorado law mandates secure storage methods to prevent unauthorized access and theft:

  • Permanently Mounted Lock Boxes: A lock box that is permanently attached to the vehicle. These lock boxes are typically bolted or welded to the vehicle’s frame, making them extremely difficult to remove. They provide a high level of security, ensuring the firearm remains safe even if the vehicle is broken into.
  • Cable-Attached Lock Boxes: A lock box with a cable attachment to a seat mount bracket or other secure point in the vehicle. This type of lock box uses a heavy-duty cable to secure the box to the vehicle, preventing easy removal. The cable should be made of a material that is resistant to cutting and tampering.

Responsible Gun Ownership

Adhering to these storage requirements is not only a legal obligation but also a cornerstone of responsible gun ownership. By ensuring that firearms are securely stored, gun owners can significantly reduce the risk of accidents, theft, and misuse. Safe storage practices protect not only the gun owner and their family but also the wider community by preventing firearms from falling into the wrong hands.

Example Scenarios

Good Storage Practices

  1. Home Storage: Jane keeps her firearms in a large gun safe in her home. The safe is bolted to the floor, making it difficult to remove. Only Jane and her spouse know the combination, ensuring that their teenage children cannot access the firearms. In addition, Jane uses trigger locks on each firearm as an added layer of security, demonstrating a commitment to responsible gun ownership.
  2. Vehicle Storage: John frequently travels with his firearm for work. He uses a lock box permanently mounted in his vehicle’s trunk. The lock box is secured with a high-strength cable to the seat mount bracket, ensuring that even if the trunk is breached, the firearm remains secure. John also makes a habit of parking in well-lit, busy areas to further reduce the risk of theft.
  3. Business Storage: Maria owns a small business and keeps a firearm on the premises for security purposes. She stores the firearm in a locked drawer within a locked office. Only she and her trusted manager have keys to both the office and the drawer, ensuring that the firearm is accessible only to authorized personnel.

Bad Storage Practices

  1. Home Storage: Mike leaves his handgun in an unlocked drawer in his bedroom. One day, his young nephew visits and discovers the firearm, leading to a dangerous situation. This practice is both illegal and highly irresponsible, as it exposes minors to significant risk and violates Colorado’s storage laws.
  2. Vehicle Storage: Sarah keeps her firearm in the glove compartment of her car without any locking mechanism. Her car is broken into, and the firearm is stolen, potentially falling into the wrong hands. This scenario highlights the importance of using secure, lockable storage in vehicles to prevent theft and unauthorized access.
  3. Business Storage: Tom runs a small retail shop and keeps a firearm under the counter for protection. The firearm is not secured in any way, making it easily accessible to employees and potentially customers. This practice not only violates storage laws but also poses a significant risk to everyone in the store.

Conclusion

Compliance with Colorado’s firearm storage laws is essential for preventing unauthorized access and ensuring public safety. Gun owners should familiarize themselves with CRS § 18-12-114 and take appropriate measures to secure their firearms in all settings. By doing so, they uphold the principles of responsible gun ownership and contribute to a safer community for everyone.

Proper storage practices protect not only the gun owner but also their family, friends, and the broader community. Whether at home, in a vehicle, or at a business, ensuring firearms are securely stored is a fundamental aspect of responsible gun ownership. Remember, safe storage is not just a legal requirement—it’s a commitment to safety and responsibility that every gun owner must embrace.

This article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the information, laws and regulations are subject to change. For specific legal advice, please consult a qualified attorney.

Concealed Carry, Home Defense, Legal & Law

Can You Carry A Firearm While Under The Influence In Colorado?

Mark Schneider

The Legal Risks of Carrying a Firearm Under the Influence in Colorado

In Colorado, the intersection of firearms and intoxication is addressed under stringent legal statutes, particularly highlighted in the Colorado Revised Statutes (CRS) 18-12-106. This regulation specifies the boundaries and consequences regarding the handling of firearms when under the influence of intoxicating substances. Understanding these laws is crucial for all firearm owners in the state to ensure they adhere to legal standards and maintain safety.

Understanding CRS 18-12-106(1)(d)

Under CRS 18-12-106(1)(d), it is stated that an individual commits a class 1 misdemeanor if they have a firearm in their possession while under the influence of intoxicating liquor or controlled substances as defined in CRS 18-18-102(5). This section of the statute makes it clear that being under the influence of alcohol or drugs while possessing a firearm is not only irresponsible but also illegal.

The law specifies that neither a standard concealed handgun permit issued under CRS 18-12-105.1 nor a temporary emergency permit serves as a defense against a violation of this provision. This detail underscores the seriousness with which Colorado law treats the mix of firearms and intoxicants. The state aims to prevent impaired judgment, which is significantly risky in situations involving potentially lethal weapons.

The Consequences

Violating CRS 18-12-106(1)(d) results in a class 1 misdemeanor charge, which is a substantial penalty. Such charges can result in significant fines and possible jail time, not to mention a lasting impact on one’s legal record and future, including potential difficulties in employment, housing, and educational opportunities.

Enforcement Practices and Legal Standards

Alcohol

For alcohol, a common benchmark used by law enforcement is the standard for driving under the influence (DUI). In most states, including Colorado, the legal blood alcohol content (BAC) limit for driving is 0.08%. However, when it comes to firearms, officers may use their judgment to assess whether a person’s ability to handle a firearm safely is impaired, which can occur at BAC levels lower than 0.08%.

Marijuana

Marijuana, while legal for recreational use in Colorado, still presents legal challenges under federal law, especially in the context of firearm possession. For assessing impairment, law enforcement might loosely apply standards similar to those used for driving. However, because THC (the active ingredient in marijuana) metabolizes differently than alcohol and can remain detectable in the body longer, the assessment is more subjective and based on observed impairment rather than a specific THC level.

Prescription Drugs

For prescription drugs, the approach is similar to that for alcohol and marijuana. The key factor is whether the individual is impaired to a degree that they cannot safely handle a firearm. As with DUI laws, if a person is considered too impaired to drive due to prescription medications, they are likely too impaired to safely possess a firearm. This often involves an officer’s assessment of physical and cognitive signs of impairment.

Other Controlled Substances

For illegal drugs such as cocaine, fentanyl, and others, there is typically a zero-tolerance approach. Possession of a firearm while under the influence of these substances can lead to severe legal consequences, regardless of the amount consumed or the level of impairment. The presence of these substances in one’s system while in possession of a firearm is likely to be sufficient for a charge under CRS 18-12-106(1)(d).

Legal Implications

It’s important to remember that beyond state laws, federal regulations under the Gun Control Act of 1968 prohibit drug users and addicts from purchasing or possessing firearms and ammunition, regardless of state laws regarding drug legality. This includes marijuana, despite its legal status in many states.

Practical Advice for Firearm Owners

For responsible gun owners, the message is straightforward:

  1. Avoid mixing alcohol or drugs with firearm handling: Always store firearms securely and do not access them while under the influence of any intoxicating substances.
  2. Educate yourself and others: Understanding the specifics of local firearm laws can be the difference between responsible ownership and facing serious legal consequences.
  3. Plan ahead: If you know you will be consuming alcohol or controlled substances, ensure that your firearms are safely stored and inaccessible.

Conclusion

Colorado’s laws on carrying a firearm while under the influence of alcohol or controlled substances are designed to protect the community and promote responsible firearm handling. Adherence to these laws is not only a legal obligation but a moral one to ensure the safety of all. By staying informed and vigilant, gun owners can contribute to a safer environment for everyone.