Face the State

Face the State Staff Report

DENVER — A Democrat-led effort to stall legislation that would have expanded Colorado’s “Make My Day” law to protect business owners sends a dangerous message to would-be thieves and predators. This according to the bill’s sponsor, Rep. Cory Gardner, R-Yuma, who says that without the bill, Colorado small business owners remain without basic rights to protect themselves from force.

The bill, HB 1011, which passed the House 34-30 in February, was tabled in the Senate on a 3-2 party line vote in the State, Veterans, and Military Affairs Committee. The bill attempted to extend to business owners a statutory right granted to homeowners and tenants in 1985 "to expect absolute safety within their own homes" and use deadly force to defend their property when faced by a threat to their person.

According to Gardner, Democrats in both houses justified their rejection of the bill on misinterpretation of current law. Gardner called them "chicken littles following chicken little arguments." Expressing disdain for the legislation, Rep. Rosemary Marshall, D-Denver, told the Denver Post the expansion would be "a license to kill anybody who looks different than you do." Speaking to the same reporter, Rep. Terrance Carroll, D-Denver, interpreted the bill's language to mean "if you feel the slightest bit of threat, you are justified in using deadly force."

Gardner called these condemnations grossly misleading. "The bill only allows people to protect themselves," he said. His proposed legislation would have only added the words "or places of business" after each instance of "dwelling" or "home" in the 1985 statute.

Since the courts have consistently interpreted the language of that statute narrowly, Gardner adds, there is no evidence to suggest it has resulted in unjustified killings. To raise "Make My Day" as a defense, a defendant must show not only a knowingly unlawful entry by the victim but also both a reasonable belief he has or will commit a crime and a legitimate threat of force. These three requirements have limited the use of the law over the last twenty-two years.

As Gardner is quick to point out, Colorado case law demonstrates a desire of courts to expand "Make My Day's" existing "dwellings" language to include businesses. Since judges have already been acting as if the changes were in place, says Gardner, the state's legal code ought to be updated to reflect this. "If this is good enough for case law, it's good enough for statutes," he said.