Tag: 18-1-704.5

Concealed Carry

Can I Use A Firearm To Defend Against An Intruder In Colorado?

Mark Schneider

Colorado’s “Make My Day” Law: A Comprehensive Guide to Home Defense

In Colorado, the right to protect one’s home is codified in the state’s “Make My Day” law, known as CRS 18-1-704.5. This law, often conflated with the broader castle doctrine, has specific provisions that allow homeowners to use physical force, including deadly force, in defense against intruders under certain circumstances. Understanding the fine print of this law is crucial for Colorado residents to ensure they stay within legal boundaries while protecting their homes and families.

Understanding the “Make My Day” Law

The “Make My Day” law is unique to Colorado and is distinct from CRS 18-1-704, which covers the use of physical force in defense of a person. The key elements of the “Make My Day” law can be summarized as follows:

Unlawful and Uninvited Entry

The core of the law is that the intruder must have made an unlawful and uninvited entry into the dwelling. This condition is straightforward but crucial; the entry must be both uninvited and unlawful for the law’s protections to apply.

Belief of Criminal Activity

The occupant must have a reasonable belief that the intruder has committed, is committing, or intends to commit a crime in the dwelling, in addition to the uninvited entry. This belief must be reasonable, meaning it would be shared by a typical person in the same situation.

Use of Force by the Intruder

The law applies if the homeowner reasonably believes the intruder might use any physical force, no matter how slight, against an occupant. This does not require the intruder to be violent or armed; the possibility of any physical force is sufficient.

Location Constraints

The “Make My Day” law specifically applies to a dwelling, which includes houses, apartments, condos, and habitable inside areas. However, it does not extend to outdoor areas such as lawns, driveways, patios, sheds, gardens, balconies, porches, motorhomes or camping trailers on property and garages (attached or not), nor to vehicles.

When the Law Does Not Apply

Understanding when the “Make My Day” law does not apply is as important as knowing when it does. Several scenarios illustrate the limitations of the law:

Non-Threatening Intruder

If an intruder, such as a drunk individual who unknowingly enters a dwelling without posing a threat, is present, the use of deadly force is not justified. A notable example of this was the case of former Bronco backup Quarterback Chad Kelly in 2018, when he entered a home drunk uninvited.

Invited Guests

Conflicts with invited guests, even those that turn violent, do not fall under the protections of this law. For instance, a mutual fistfight with a guest during a social event, regardless of the outcome, would not justify the use of deadly force.

Gray Areas and Silent Aspects

The law is silent on these areas and has its limitations and does not explicitly cover several scenarios:

  • Alternative Accommodations: Hotel rooms, Airbnb rentals, motorhomes, camping trailers, tents, or staying at a friend’s or relative’s house are not clearly defined under this statute.

Legal Considerations and Implications

The “Make My Day” law provides immunity from criminal prosecution and civil liability for homeowners who lawfully use force under its provisions. However, this immunity is not absolute and is subject to the specific conditions of the law. It is essential to understand that:

  • Immunity is Conditional: The immunity from prosecution and liability only applies if the homeowner’s actions strictly conform to the conditions set forth in the law.
  • Legal Complexity: Each case is unique, and minor variations in the circumstances can significantly affect the legal outcome. Homeowners should be cautious and seek legal advice in ambiguous situations.

Enhancing Home Security Legally and Effectively

Beyond understanding the legal right to use force, homeowners should consider preventive measures to enhance security and reduce the likelihood of confrontations:

Fencing and Signage

  • Fences: Erecting a robust fence can deter intruders from entering the property.
  • Signage: Displaying “No Trespassing” signs can serve as a warning. However, avoid signs with aggressive or threatening language that could be used against you in court.

Surveillance and Security Measures

  • Security Systems: Installing surveillance systems like Ring, Nest, or CCTV can provide evidence in case of an intrusion and deter potential intruders.
  • Securing Entry Points: Strengthening doors, locks, and securing windows are essential steps in fortifying a home.

Communication and Emergency Preparedness

  • Landlines: Maintaining a landline ensures communication during power outages or internet disruptions.
  • Emergency Phones: Keeping old cell phones charged for emergency 911 calls can be lifesaving.

Examples Of When Deadly Force Can Be Used

Scenario 1: Home Invasion

Late one night, Jane hears the sound of glass breaking downstairs in her home. She retrieves her legally owned handgun and cautiously investigates. She encounters an intruder in her living room who has broken through a window. The intruder, holding a crowbar, advances towards her threateningly. Jane, fearing for her life and believing the intruder intends to harm her, uses her firearm to defend herself, shooting the intruder. Under the “Make My Day” law, Jane’s use of deadly force is justified as she was in her dwelling, faced an unlawful and uninvited entry, and had a reasonable belief that the intruder intended to commit a crime and potentially use physical force against her.

Scenario 2: Late-Night Burglary

Tom is awakened at 2 AM by noises in his kitchen. He finds an unknown individual rummaging through his cabinets. The intruder, upon seeing Tom, charges at him with a knife. Tom, a martial arts enthusiast, is able to disarm and incapacitate the intruder using hand-to-hand combat. Tom’s actions are covered under the “Make My Day” law as he was defending himself inside his dwelling against an intruder who unlawfully entered and posed a physical threat.

Scenario 3: Confrontation in a Condo

Sarah, living in a condo, hears her front door being forced open late at night. She confronts a stranger entering her living room. The intruder, upon being confronted, threatens Sarah with physical harm while moving closer to her. Sarah, who has taken self-defense classes, uses physical force to subdue the intruder until the police arrive. Under the “Make My Day” law, her use of force is justified since the intruder unlawfully entered her dwelling and posed a credible threat to her safety.

In each of these scenarios, the key components of the “Make My Day” law are met: the presence of an intruder who has made an unlawful entry into a dwelling, a reasonable belief by the occupant that the intruder intends to commit a crime or use physical force, and the incident occurring within the confines of the dwelling. The use of force, including deadly force, is considered justified under these specific circumstances.

Conclusion

Colorado’s “Make My Day” law is a powerful tool for homeowners, providing the right to defend oneself within specific parameters. Understanding these nuances is critical to ensure actions are legally justified

Homeowners should balance this knowledge with proactive security measures to protect their homes. In complex or uncertain scenarios, consulting with a legal expert is always advisable to navigate the intricate landscape of self-defense laws.

Legal Disclaimer: This article, titled “Colorado’s ‘Make My Day’ Law: A Comprehensive Guide to Home Defense,” is for informational purposes only and should not be considered legal advice. The content is based on the current understanding of Colorado’s “Make My Day” law (CRS 18-1-704.5) and may not reflect recent legal changes. The application of law varies with specific circumstances, and readers are advised not to rely solely on this information for legal decisions. Readers should consult a licensed attorney for personalized legal advice regarding self-defense and the use of force. The author and publisher disclaim any liability for loss or risk incurred directly or indirectly due to the use of this article’s content.

Home Defense, Legal & Law

Colorado Revised Statute 18-1-704.5: Understanding the Use of Deadly Force for Home Defense

Mark Schneider

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Consult with a licensed attorney in your jurisdiction for any legal concerns.

Colorado’s “Make My Day” Law: When You Can Use Deadly Force to Defend Your Home

Colorado’s so-called “Make My Day” law, found under Colorado Revised Statute § 18-1-704.5, gives homeowners and lawful occupants strong legal protections if they use deadly force against intruders inside their homes. While many states have castle doctrine or stand-your-ground provisions, Colorado’s law is particularly robust — but it is also narrowly focused and commonly misunderstood.

Before we go further: I do not like the nickname “Make My Day.” It suggests reckless bravado that has no place in a serious discussion about self-defense. A home invasion is a terrifying, high-stakes situation, and any decision to use deadly force must be made with utmost caution and responsibility.

🔎 When Deadly Force is Justified Under Colorado’s “Make My Day” Law

Under CRS § 18-1-704.5, you are only justified in using deadly force against an intruder inside your dwelling if all three of the following conditions exist at the same time. It is not enough for just one or two — all three must be present together:

  1. Unlawful entry into your dwelling:
    The person must have unlawfully entered your dwelling — meaning the actual enclosed structure used for living or sleeping, such as your house, apartment, condo, or mobile home. This does not include porches, yards, detached garages, or other outbuildings.
  2. Reasonable belief of an additional crime:
    You must reasonably believe that the intruder has committed, or intends to commit, a crime inside your dwelling beyond simply trespassing. The statute demands more than just an uninvited entry.
  3. Reasonable belief the intruder might use any physical force:
    You must also reasonably believe the intruder might use some level of physical force — however slight — against you or another occupant inside. This means you do not have to wait to be attacked, but your belief must be grounded in reason.

🔍 What “Reasonable Belief” Means in Colorado

A reasonable belief under Colorado self-defense law is not merely your personal fear or instinct. It is judged by what an ordinary, prudent person would think in the same situation, knowing what you knew at the time.

This is often called the reasonable person test, and it means:

  • Would a typical person, standing in your exact shoes with the same facts, reasonably believe that the intruder was committing or planning a crime inside your dwelling and might use physical force?
  • Would a jury of twelve people — considering all the circumstances — likely agree they would have done the same thing?

Your belief must reflect good, sound, mature, sober, and objective judgment, based on the actual facts — not rash reactions, personal biases, or emotional impulses. It is an objective standard rooted in common sense, requiring clear reasons that any reasonable person would find compelling.

🏠 You’re Covered in Your Primary or Secondary Homes

Under Colorado law, you’re typically protected by CRS § 18-1-704.5 in places legally recognized as your dwelling, including:

  • Primary homes and secondary vacation homes
  • Apartments or condos
  • Duplexes or townhomes

It does not matter if you’re the owner, a renter, living with your parents or relatives, or simply staying long-term with a friend — if it’s legally considered your residence, the protections generally apply.

As long as you’re recognized as a lawful, permanent resident of that dwelling, you’re treated as an occupant under the law, entitled to its full protections.

🏕 What About Campers, Tents, Airbnb’s, Hotels or Motels?

Colorado’s “Make My Day” law is silent on temporary lodging like:

  • Campers or RVs (even if you sleep in them)
  • Tents or campsites
  • Hotel or motel rooms
  • Short-term rentals like Airbnb or Vrbo

Because the statute doesn’t specifically address these, and there’s no clear Colorado case law defining them as “dwellings” under CRS § 18-1-704.5, it’s very risky to rely on this law for protection in those situations.

If you’re defending yourself in these places, your use of force would generally be judged under Colorado’s broader self-defense statute, 18-1-704, which still allow protection of yourself or others but without the special presumptions this law offers.

🚫 Where This Law Does Not Apply

It is equally critical to understand where Colorado’s “Make My Day” law does not apply. The statute only covers the inside of your dwelling. It does not authorize deadly force simply because someone is on your property or taking your belongings outside. Specifically, it does not apply to:

  • Porches or decks
  • Front or back yards and lawns
  • Detached garages, sheds, or other outbuildings
  • Driveways
  • Someone breaking into or stealing your car parked in your driveway or on the street
  • Commercial properties or workplaces
  • Someone else’s dwelling unless you are a lawful occupant there

Even if you catch someone in these areas, your use of deadly force would fall under Colorado’s general self-defense law, 18-1-704, which have different, stricter requirements.

🏠 Special Note on Attached Garages

Many people wonder about attached garages. The reality is:

  • The statute (CRS § 18-1-704.5) does not clearly define attached garages as part of the dwelling.
  • Likewise, there is no controlling Colorado case law that definitively establishes whether an attached garage qualifies.

Because of this legal uncertainty, it is generally wise to avoid relying on “Make My Day” protections for situations involving an intruder only in your attached garage. While some might argue that an attached, directly accessible garage should count, it has not been explicitly decided by Colorado appellate courts.

If someone unlawfully enters only your attached garage, it is safer to treat it under Colorado’s broader self-defense statutes, which require careful assessment of imminent threats and proportional force.

🚪 No Duty to Retreat — But Should You Confront?

Colorado law says you have no duty to retreat inside your own dwelling. However, that does not mean it’s wise to seek out or escalate a confrontation. The safest choice is almost always to avoid it.

If someone breaks into your home:
✅ Gather your family or other occupants and barricade yourselves in a secure room.
✅ Lock the door and immediately call 911.
✅ Stay on the line with dispatch and let the police clear your home.

Remember, even old cell phones without a service plan can still call 911, so keep one charged for emergencies. You should only try to clear rooms yourself if you truly have no other choice, such as needing to reach a family member who cannot get to safety.

  • You will still be investigated:
    Even if your case seems to fall squarely under CRS § 18-1-704.5, law enforcement will still perform a thorough investigation.
  • Other criminal laws still apply:
    If you act recklessly — for example by shooting through doors or walls without positively identifying a threat — you could still face charges like reckless endangerment or negligent homicide.
  • Who qualifies as an occupant:
    The protections apply to lawful occupants. If you are staying as a guest, you may still be covered. Trespassers or unauthorized occupants do not gain these rights.
  • Civil immunity:
    This statute generally shields you from civil lawsuits brought by the intruder’s family. However, people may still attempt to sue, so your conduct must always be reasonable and well-documented.

🔐 Practical Safety Tips for Every Homeowner

  • Keep bedroom doors lockable.
  • Create a family plan so everyone knows where to go during a break-in.
  • Install quality deadbolts, window locks, and monitored alarms.
  • Use security cameras and exterior motion lighting.
  • Maintain at least one spare charged cell phone solely for 911 calls.
  • Document your home’s security features and layout. It can support your decisions if questions ever arise.

🔫 Ready to prepare responsibly?

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🛡 Security Guard Certification
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💼 Self-Defense Insurance
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🛠 Shop Tactical Gear
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This information is provided for general educational purposes and does not constitute legal advice. Always consult a qualified Colorado attorney for guidance tailored to your situation and local interpretations of the law.

Home Defense

Does Defense Against An Intruder Law In Colorado Apply To My Garage?

Mark Schneider

In the state of Colorado, the legal framework allows for the use of lethal or deadly force in defense of one’s home against unlawful entry, a concept encapsulated in what is colloquially known as the “Make My Day” law. This principle, also referred to as the castle doctrine, is codified in Colorado Revised Statutes 18-1-704.5. The law serves to underscore the right of Colorado residents to enjoy absolute safety within the confines of their own homes, providing a legal justification for using any degree of physical force, up to and including deadly force, under specific circumstances.

The statute is clear in its provision that occupants of a dwelling may employ deadly physical force if they reasonably believe that an intruder has unlawfully entered their dwelling with the intent to commit a crime, in addition to the uninvited entry, and poses a potential threat of physical force against any occupant. This law not only grants immunity from criminal prosecution but also shields occupants from civil liability for injuries or death resulting from such defensive actions.

The term “dwelling” is crucial in the application of this law, and its definition can be the linchpin in determining the legality of force used in defense. According to Colorado Revised Statutes 18-1-901(g), a dwelling is defined as a building used, intended to be used, or usually used by a person for habitation. This definition is broad and can include various structures, but its interpretation is vital when considering what constitutes a legally defendable space under the “Make My Day” law.

To illustrate the complexities and implications of this law further, let’s examine three hypothetical examples:

1. **Intrusion in the Main Living Area**: Imagine a scenario where an intruder forcefully enters the living room of a Colorado residence through a locked front door. The occupants, believing the intruder intends to harm them or commit a crime within their home, use deadly force to protect themselves. Given the clear unlawful entry into a part of the home used for habitation, the use of force in this instance would likely fall within the protections afforded by the “Make My Day” law, granting the occupants immunity from both criminal prosecution and civil liability.

2. **The Detached Garage Dilemma**: Consider a separate case where an individual enters a detached garage, intending to steal property stored within. The homeowner, upon noticing the intrusion, confronts the intruder and uses lethal force. In this scenario, the classification of the detached garage as part of the “dwelling” becomes contentious. While the primary statutes provide a broad definition of a dwelling, additional interpretations, such as those from the Colorado Department of Public Health and Environment, suggest that a dwelling must be used or intended for living or sleeping by human occupants, potentially excluding a detached garage. This ambiguity could lead to legal challenges regarding the applicability of the “Make My Day” law in such a case.

3. **The Attached Garage Question**: A third scenario involves an intruder breaking into an attached garage, which has direct access to the main house. The homeowner, perceiving a threat to their safety and the security of their home, uses deadly force. This situation presents a nuanced question about whether the attached garage, as an integral part of the home’s structure, is considered part of the dwelling for the purposes of the law. Given the closer physical and functional connection to the living spaces, it’s more plausible that the use of force in an attached garage could be defended under the “Make My Day” law, compared to a detached garage. However, the specific facts and how the law interprets the term “dwelling” would be critical in determining legal justification.

These examples underscore the nuances and legal interpretations surrounding the “Make My Day” law in Colorado, particularly concerning what constitutes a dwelling. As such, residents must be aware of the law’s specifics and how it applies to various parts of their property to navigate the legal protections and responsibilities it entails effectively.

In conclusion, Colorado’s “Make My Day” law provides significant legal protections for residents who use force, including deadly force, in defense of their homes against unlawful entry. This law embodies the castle doctrine, allowing individuals to defend their dwellings without the fear of criminal prosecution or civil liability under certain conditions. However, the applicability of this law hinges on the definition of “dwelling” and the circumstances surrounding the use of force. As seen in the hypothetical examples, scenarios involving different parts of a property, such as attached or detached garages, illustrate the complexities and potential legal ambiguities in interpreting this statute. It is essential for Colorado residents to have a comprehensive understanding of what constitutes a legally defendable space under the “Make My Day” law and to consider the legal implications of using force in defense of their property.

**Legal Disclaimer:** This document is intended for informational purposes only and does not constitute legal advice. The interpretation and application of laws can vary widely based on the specific facts involved. Given the complexity of the law and the nuances in legal interpretations, it is crucial to consult with a qualified legal professional to understand your rights and obligations under the law fully. This overview does not replace the need for professional legal consultation and should not be used as the basis for any legal action or decision. Always seek the advice of a licensed attorney for any questions regarding your specific legal situation or the law in your jurisdiction.