I was just reading about "Make My Day Laws" which are on the books in various states (MT, CO, OH, FL, TX, probably others as well). Under certain circumstances the occupant of a dwelling is justified for the use of deadly physical force against an intruder in a residence. The circumstances may vary somewhat from state to state, but in general:Originally Posted by Alan
1. the intruder made a knowing, unlawful entry into the dwelling, and
2. the occupant reasonably believed the intruder was committing or intended to commit an additional crime against a person or property in the dwelling, other than the unlawful entry, and
3. the occupant reasonably believed the occupant might use physical force against any occupant.
In Loveland CO, in February 2019, a man named Guzman was at home. Three intruders stole a toy helicopter he had bought as a gift for his son. He went to another room, got his 12 ga. shotgun and loaded it. By then the 3 intruders were leaving the property, and he fired two blasts, killing one and seriously wounding another. He has been charged with murder. Perhaps his lawyer will use the "Make My Day" defense... but the problem is the bad guys were running away by the time Guzman shot them.
It may be that Guzman used his firearm precipitously, with a misunderstanding of the legal justification for the use of deadly force in his jurisdiction.
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