Self Defense in Colorado, a commentary Options

[Coalbunny]

Self defense in Colorado, a commentary


Self defense is among the most essential and primal of human action. The very nature of it alone is what keeps us alive. It goes from something as small as the white blood cells that defend us from infection to the great military forces we have to defend America.

Self defense is not something that anyone should ever be refused. As seen in C.R.S. Section 18-1-704, Colorado recognizes the importance of self defense. And this is good. But can anyone be exempt from this law?

In a recent case a fellow miner, "Q", was arrested by USFS rangers and held against his will without the ability to utilize his Miranda rights and without cause. He was released later as the arrest was apparently to "defend" USFS personel from him. This was on USFS property, but on a mining claim that Q had legally obtained. Q had the neccesary documents to show that he was in compliance with STATE laws. But, was he in compliance with federal laws? Good question. but even then, *had Q physically defended himself, he would have been justified under C.R.S. Section 18-1-704*.

The so-called "Make My Day law" (C.R.S. Section 18-1-704) is not over JUST defending your home. It's not just defending your wife from rape. And it's certainly not just for defending your children from kidnappers. It's there for the COMPLETE self defense of an individual from the illegal acts commited by others.

We are not talking about just anyone, mind you. But those that intend on performing acts of illegal nature against you, your home AND your family as well as defend a third party from the same or similar threats. So if you're walking down Colfax Blvd. in denver and find a woman being accosted, you have the right to use whatever force is needed to defend her. Likewise, if you are on a mining claim, patented or unpatented, and you are under physical assault, you have the right to defend yourself and your personal property. Take note that I didn't say that you could defend your claim. THAT is a different can of worms.

In defending your mining claim you need to clarify a few issues before hand. Is it patented or unpatented? That is very important. If it is patented, yes. This is because it is no longer USFS or BLM ground and is considered by both the state and federal government agencies as well as the county the claim is in as private property. But an unpatented claim is still USFS or BLM, and to know the answer on that one must first consult with an attorney. But to defend property that is certainly yours, such as truck, trailer, generator, or ever your family and yourself is still there. You have that right so long as you are within the boundaries of the State of Colorado.

An arguement has been made that the "Against the Wall" laws and "Obligation to walk away" have to still be obeyed before defending oneself. I do not beleive this is so. And the last person you should ask is a cop or ranger. They do not know these laws and they know only enough to arrest a person. They aren't there to defend you. In fact, "law enforcement" is all they can do. Law enforcement does not have an obbligation to defend you if they are present during an assault. This has been proven in court repeatedly. They are the proverbial "clean up crew". They come in after it;s over and they clean it up and arrest anyone they feel needs it.

Please keep in mind that I am not a lawyer, so it's best to hire one to find out. I know what I have read, I can refer you to where you can find it, and I have "been there done that got the t-shirt".

Just make sure you know what the laws are, and watch your six!
Carl

[Bennie]

To clarify , As Carl pointed on a Unpatented Mining claim (BLM or USFS Land), One should Never Confuse a Mining claim with Property Ownership , a mining claim is more or less a mineral lease on the public lands and the land still is public property, If One was to fence off a Mining Claim and refuse Access to the Public acting like its private land ; The BLM would simply Revoke a claim in violation like this in a heartbeat......... When actual Mining opperations are taking place Public access is usually detoured indefinately ;) and such land if worth anything it is purchased and made "patented" and thus Private... Patents are no longer being Granted but few knowlegable individuals including myself know how to aquire a patent : ) ...
ANYWAYS Make sure your claim is whell marked. . . . . . .
and even if you temporarily get away with it , Dont put your claim in "recreation area" BLM Guidelines Prohibit Claims so far FROM such landmarks like Picnic areas rec areas ect...............
in other words the BLM wants you to Explore the lands and Get a Claim , But They arent fond of claims in public areas..........
we all know That ALL claims are accepted by the BLM reguardless of faults errors or whatever .....

[CP]

To clarify , As Carl pointed on a Unpatented Mining claim (BLM or USFS Land), One should Never Confuse a Mining claim with Property Ownership , a mining claim is more or less a mineral lease on the public lands and the land still is public property, If One was to fence off a Mining Claim and refuse Access to the Public acting like its private land ; The BLM would simply Revoke a claim in violation like this in a heartbeat......... When actual Mining opperations are taking place Public access is usually detoured indefinately ;) and such land if worth anything it is purchased and made "patented" and thus Private... Patents are no longer being Granted but few knowlegable individuals including myself know how to aquire a patent : ) ...
ANYWAYS Make sure your claim is whell marked. . . . . . .
and even if you temporarily get away with it , Dont put your claim in "recreation area" BLM Guidelines Prohibit Claims so far FROM such landmarks like Picnic areas rec areas ect...............
in other words the BLM wants you to Explore the lands and Get a Claim , But They arent fond of claims in public areas..........
we all know That ALL claims are accepted by the BLM reguardless of faults errors or whatever .....

WOW.........ummmm Bennie.......that is way wrong! Sorry but you need to read up alot more.

Minerals that are locatable are a completely different list than those that are leasable and they both have their own set of laws and regulations.

Location claims are real property according to law/court precednces and are able to be sold, leased, traded, willed to others.
Claim owners have "claimed" the minerals in that ground and they are theirs by law.....although the "surface use" (camping, hiking, etc) may still be allowed, if there is no danger to the public.

Fences on location claims? Yepper, all the time and many times dictated by the authorities (FS/BLM) as safety to the public.

Only lands you can not claim? Lands already claimed or lands withdrawn (legally) from "mineral entry". Picnic areas, roads, campgrounds are often within claims.
There are many types of "withdrawls" that do not apply to minerals too, only withdrawn from "mineral entry" are unclaimable.
But you can still prospect upon those.....hand carried equipment like sluices and pans are just fine.

The BLM doesn't make arbitary rules/distances from this or that either. For instance, the law says, it's illegal to "mine" within 200ft of the centerline of any highway.........but the claim can still contain it!

Like I've said to you before Bennie, KEEP READING! Especially if you are ever going to actually file yourself. All this information can be found around the CP forums and links within.

To everyone, when in the field, even if a claim is not well marked any longer...........you the prospector are responsible to know you aren't on someone elses calim. Sometimes claim jumpers knock down markers and there is no law stating that claim owners must continually maintain or re-erect those monuments.

CP