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

[CP]

Naw you didn't lie Bennie, you just don't have the right information.
You've heard some things (half of it) and made up the rest as you went along.
Where is the link for requesting FS/BLM lands to come up on auction? I know alot of folks would love that.....although I think that procedure is way different than you've described.

Around here at the CP site folks are looking for the real information and that is what they find. Sorry if you don't like me calling you on bad posts or information.

As far as you in the club membership......what you do with your money is your choice, the CP site is still open for you and those who DO WISH TO LEARN! Too bad though, I think you could learn alot! As you already should have from all the free info I and others have posted all over the CP website.
As I said earlier Bennie, Keep on readin'.

CP