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Critical information every gun owner should know, including:
- WHERE YOU CAN AND CANNOT POSSESS A FIREARM?
- WHEN YOU CAN LEGALLY USE A FIREARM?
- NUMEROUS EXAMPLES OF HOW GUN LAWS IMPACT REAL LIVES.
- CLEAR EXPLANATIONS THAT SEPARATE MYTH FROM REALITY.
- PRACTICAL INFORMATION REGARDING HOW TO STAY OUT OF TROUBLE.
- PLUS MUCH, MUCH MORE...
Written by experienced attorneys in easy-to-understand language
CAN I BE SUED IF I SHOOT SOMEONE IN SELF-DEFENSE?
No immunity from lawsuits
There is a common misunderstanding that there exists a law that if you are legally justified in using your gun that you can’t be sued. This is just not the case. First, if a person has the filing fee, anyone can sue anyone else in the State of Colorado. There is no one stopping anyone else from filing a lawsuit. Winning a lawsuit is a different issue entirely. If someone files the lawsuit, no matter how frivolous, it still must be dealt with, and it still must be shown to the court that this or that defense bars this lawsuit. This process can take significant time, money, and legal energy even for the most loser of cases. In short, lawyers get paid and even if you beat the “rap,” you still have to take the civil “ride.” So, if there is no immunity to lawsuits for gun owners, what protection is there?
IF MY CHILD GAINS ACCESS TO MY FIREARM, AM I IN TROUBLE?
Criminal liability for allowing a minor access to firearms
In addition to governing sales of firearms to juveniles, section 18-12-108.7 also covers non-sale transfers of firearms to juveniles. Just as with sales, any person who “intentionally, knowingly, or recklessly” provides a handgun to a juvenile in violation of section 18-12-108.5 commits a class 4 felony. Also, under section 18-12-108.7(3), it is a class 1 misdemeanor to transfer possession of a firearm other than a handgun to a juvenile without the consent of that juvenile’s parent or legal guardian. In addition, under section 18-12-108.7, if a person knows that a juvenile’s conduct violates section 18-12-108.5 and they fail to “make reasonable efforts” to prevent the violation, that person is guilty of “permitting a juvenile to possess a handgun,” a class 4 felony. However, a person who permits a juvenile to possess a handgun cannot be charged with a crime under this section if that person “believes that [the] juvenile will physically harm the person if the person attempts to disarm the juvenile or prevent the juvenile from committing a violation of section 18-12-108.5.”
DO IMMUNITY STATUTES REALLY WORK?
Immunity for certain claims Colorado law provides for immunity from civil liability if a person meets the provisions of Colorado’s “Make My Day” law, section 18-1-704.5 of the Colorado Revised Statutes. A person can assert this defense during the initial stages of the case and the judge will determine whether the immunity applies.
CAN I BE CHARGED WITH A CRIME FOR SHOOTING A DOG BEFORE IT BITES ME?
No general defense against animals statute
Colorado has no general self-defense or defense of others statute that deals with animals. There exist statutes that justify conduct against bears, mountain lions, and dogs if necessary to prevent injury to a person, livestock, or damage to property. The typical laws you would expect to find such as self-defense against an animal attacking a human being don’t exist under Colorado law at all! What this means is that one may not find specific legal justification for using force or deadly force against an animal that is attacking, if the animal is not a certain type of animal. Under this condition, a person may be forced to argue that they faced a “choice of evils.” Colorado’s “choice of evils” statute is a codification of the common law “doctrine of necessity.” This chapter will examine the laws that do exist relating to the use of deadly force against an animal and how your right to self-preservation can best be accomplished.