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]

I beg to differ

If land is withdrawln from mineral entry : It is closed to prospecting and Closed to mining claims , Since the mining act of 18whatever doest cover such "withdrawln" lands
One could only "rockhound" which is "casual use" and is disasscocated with mining all togather (hands only) and no acts of outright MINING !

My opiniion is the best sites are probibly going to be deep in the brush and in less public areas ,,, + you would Honestly have a less chance of farmer john deciding THIS would be a good place for a ranch seeing how theres roads and such, and farmer john buys the surphase on your claim and then refuses you access..........
what good would your claim be if it was now on private property.....
Your claim had such awesome access roads and , the area wasnt completley rural , so much farmner john purchased THAT same section where you were........
it could happen , $hit ; Ive seen it happen

[CP]

I beg to differ

If land is withdrawln from mineral entry : It is closed to prospecting and Closed to mining claims , Since the mining act of 18whatever doest cover such "withdrawln" lands
One could only "rockhound" which is "casual use" and is disasscocated with mining all togather (hands only) and no acts of outright MINING !

My opiniion is the best sites are probibly going to be deep in the brush and in less public areas ,,, + you would Honestly have a less chance of farmer john deciding THIS would be a good place for a ranch seeing how theres roads and such, and farmer john buys the surphase on your claim and then refuses you access..........
what good would your claim be if it was now on private property.....
Your claim had such awesome access roads and , the area wasnt completley rural , so much farmner john purchased THAT same section where you were........
it could happen , $hit ; Ive seen it happen

If the land is claimable then it certainly can not be bought by a farmer!

If you can't prospect in a withdrawn area Bennie then why are all those folks panning along the Arkansas river headwater rec area with the BLM's consent all year long?.....which is largely withdrawn from mineral entry for a water reservior.

Where are you getting your info from Bennie, it seems really off!

CP