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To: old curmudgeon
So a flat statement that the law allows...is totally incorrect.

From your own post 4: You can’t even shoot people that you know for a fact are going to steal from you and in most states, TX excepted, you can’t even shoot people that you catch in the act of stealing from you.

Practice what you preach.

And there is a nifty thing on the internet called a search engine. Use it yourself to find out what states allow.

70 posted on 07/07/2011 6:58:15 AM PDT by ican'tbelieveit
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To: ican'tbelieveit

You still do not name your state.

After many requests.

That pretty much labels you.

It is a mistake to influence those in more restrictive states to believe they can live by TX, GA or WA law.

You had better know the law for the state in which the shooting occurs or you get a “go to jail card”.

So I ask one more time: In what state do you reside?


76 posted on 07/07/2011 8:13:02 AM PDT by old curmudgeon
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To: ican'tbelieveit

Gee, it is nice for one so intellectually superior to an old red neck to teach me about Google. I never would have known.

OK, so Google says that you live in or near Denver, CO.

Google says you are an old lady.

Google says that at this link you can find the CO law as to the use of lethal force.

Of course many state legislatures have only recently updated their firearm laws and it there may be changes in CO law regarding this subject.

However, you would be well advised to read the law at this link for starters.

www.moffatcountysheriff.com/pdf/CoStatutes.pdf

Which contains the following excerpt:

18-1-706 Use Of Physical Force In Defense Of Property
A person is justified in using reasonably and appropriate physical force upon another
person when and to
the extent that he reasonably believes it necessary to prevent what he reasonably
believes to be an attempt
by the other person to commit theft, criminal mischief, or criminal tampering
involving property, but he
may use deadly physical force under these circumstances only in defense of himself
or another as described
in section 18-1-704.
18-1-707 Use Of Physical Force In Making An Arrest Or In Preventing An Escape
1. Except as provided in subsection (2) of this section, a peace officer is justified in
using reasonable and
appropriate physical force upon another person when and to the extent that he
reasonably believes it
necessary:
(a.) To effect an arrest or to prevent the escape from custody of an
arrested person unless he
knows that the arrest is unauthorized; or
(b.) To defend himself or a third person from what he reasonably believes
to be the use or
imminent use of physical force while effecting or attempting to effect
such an arrest or while
preventing or attempting to prevent such an escape.
2. A peace officer is justified in using deadly physical force upon another person for
a purpose specified in
subsection (1) of this section only when he reasonably believes that it is necessary:
(a.) To defend himself or a third person from what he reasonably believes
to be the use or
imminent use of deadly physical force; or
(b.) To effect an arrest, or to prevent the escape from custody, of a person
whom he reasonably
believes:
(1.) Has committed or attempted to commit a felony involving
the use or threatened use
of a deadly weapon; or
(2.) Is attempting to escape by the use of a deadly weapon; or
(3.) Otherwise indicates, except through a motor vehicle
violation, that he is likely to
endanger human life or to inflict serious bodily injury to
another unless apprehended
without delay.
3. Nothing in subsection (2)(b) of this section shall be deemed to constitute
justification for reckless or
criminally negligent conduct by a peace officer amounting to an offense against or
with respect to innocent
persons whom he is not seeking to arrest or retain in custody.
4. For purposes of this section, a reasonable belief that a person has committed an
offense means a
reasonable belief in facts or circumstances which if true would in law constitute an
offense. If the believed
facts or circumstances would not in law constitute an offense, an erroneous though
not unreasonable belief
that the law is otherwise does not render justifiable the use of force to make an arrest
or to prevent an
escape from custody. A peace officer who is effecting an arrest pursuant to a warrant
is justified in using
the physical force prescribed in subsections (1) and (2) of this section unless the
warrant is invalid and is
known by the officer to be invalid.
5. Except as provided in subsection (6) of this section, a person who has been
directed by a peace officer to
assist him to effect an arrest or to prevent an escape from custody is justified in
using reasonable and
appropriate physical force when and to the extent that he reasonably believes that
force to be necessary to
carry out the peace officer’s direction, unless he knows that the arrest or perspective
arrest is not
authorized.
6. A person who has been directed to assist a peace officer under circumstances
specified in subsection (5)
of this section may use deadly physical force to effect an arrest or to prevent an
escape only when:
(a.) He reasonably believes that force to be necessary to defend himself
or a third person from
what he reasonably believes to be the use or imminent use of deadly
physical force; or
(b.) He is directed or authorized by the peace officer to use deadly
physical force and does not
know, if that happens to be the case, that the peace officer himself is not
authorized to use deadly
physical force under the circumstances.
7. A private person acting on his own account is justified in using reasonable and
appropriate physical
force upon another person when and to the extent that he reasonably believes it
necessary to effect an
arrest, or to prevent the escape from custody of an arrested person who has
committed an offense in his
presence; but he is justified in using deadly physical force for the purpose only when
he reasonably
believes it necessary to defend himself or a third person from what he reasonably
believes to be the use or
imminent use of deadly physical force.
8. A guard or peace officer employed in a detention facility is justified:
(a.) In using deadly physical force when he reasonably believes it
necessary to prevent the escape
of a prisoner convicted of, charged with, or held for a felony, or
confined under the
maximum-security rules of any detention facility as such facility is
defined in subsection (9)
of this section.
(b.) In using reasonable and appropriate physical force, but not deadly
physical force, in all other
circumstances when and to the extent that he reasonably believes it
necessary to prevent what
he reasonably believes to be the escape of a prisoner from a detention
facility.

If this law has been amended, please post link.


77 posted on 07/07/2011 10:18:10 AM PDT by old curmudgeon
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