Weapons law lawyers, law enforcement officers and firearms trainers teamed up to give gun owners on the eastern plains a comprehensive seminar on their rights and responsibilities when it comes to defending oneself and home in Colorado. Falcon Personal Security, U.S. Law Shield and Grace Community Church co-sponsored the April event, attended by about 30 people.The Halloween 2015 shooting near downtown Colorado Springs and the Planned Parenthood shooting have led to more questions about the open and concealed carry of firearms, including the definition of gun ownersí rights when protecting themselves or others, said Tim Priebe, a firearms lawyer from Colorado Springs.ìGuns are not a talisman that will make bad guys go away,î said Tim Hightshoe, deputy sheriff with El Paso County Sheriff Department. ìUnderstand what the dangers around you actually are, but realize that the best way to survive a gunfight is not to get in one.îìKnowing the law around firearms is critical,î said Dan Lanotte, owner of Falcon Personal Security. ìI get so many questions about the legalities of owning and using firearms. You can buy a gun, get training, get the concealed handgun permit and think you know what the law is, but really not know.îThe main topic of discussion among attendees focused on the difference between the Make My Day Law, which applies to the occupant of a dwelling defending themselves and their home, as opposed to the self-defense and defense of other laws that apply when an individual is away from their home. ìIf you’re on the street, and if someone comes at you with a sharpened popsicle stick, you can’t pull out a thermonuclear transmogrifier and blow him into the next dimension,î Lanotte said. ìThere’s got to be a balance there.îColorado’s Make My Day Law allows an occupant of a dwelling to use deadly force against an intruder under these circumstances: The intruder made a knowingly unlawful entry into the dwelling; the occupant could reasonably believe the intruder was committing or intended to commit another crime inside the home besides the uninvited entry; and the occupant reasonably believed the intruder might use physical force against someone in the dwelling, Hightshoe said.Outside one’s own dwelling, Colorado law has a stricter self-defense standard, Priebe said. ìYou’ll have to explain why a lesser degree of force was inadequate, and you must have a reasonable belief of being killed or receiving great bodily injury,î he said.There are few universal truths in home defense and self-defense law, Hightshoe said. ìThere’s only one good answer to a use-of-force question ñ- ‘it depends,’î he said. ìToo many people giving these kinds of presentations like to speak in soundbites.îConcerns by concealed handgun carrying gun owners after the Aurora theater shooting in 2012 and the New Life Church shooting in 2007 have led to many churches and organizations retaining security teams at public events. These teams need to be well-trained on active-shooter situations and the laws pertaining to self-defense, Hightshoe said.Pat Jeffrey, pastor of Grace Community Church, said his security teams were onsite at the program. ìWe … wanted to make sure we understood all the legal ramifications of having that team here at the church,î Jeffrey said.ìThe same self-defense and defense of others laws apply to security teams, as any other individual,î Priebe said. ìYou don’t have additional rights.îConcealed handgun permit holders do not have a legal or moral responsibility to save other people or try to engage the shooter in those kinds of situations, Hightshoe said. ìYou cannot be 100 percent accurate under high stress,î he said. ìYou own every round that leaves your weapon, and it could very well hit a bystander. Run, hide, and fight only as a last resort.îRecreational and medicinal marijuana legalization, as well as more businesses offering alcohol, has led to questions about using or having access to firearms while under the influence, Priebe said. ìThe standard is that you’re under the influence,î Priebe said. ìThere’s not a blood-alcohol or marijuana number set for it.îìMost of the patrol officers I know say that if they can smell it, you’re toast; even if the weapon is in your trunk,î Hightshoe said. ìTechnically, you can’t be in possession of a firearm if you’ve had any inebriation, even in your own home.îFalcon Personal Security expects to host these gun law seminars about once a quarter in the months ahead to help gun owners avoid situations where they could lose their ability to carry their weapon or break the law themselves, Lanotte said. ìIn my years of practicing law, I’ve seen Murphy’s Law come into play every day,î Priebe said. ìEven in the best case it could cost you thousands of dollars just for not knowing what the law is.îTwo main points the presenters wanted to bring to the seminar: Being cleared of criminal issues in a self-defense shooting doesn’t mean the attacker or their family can’t sue the defensive shooter in civil court. And, although someone might be legally able to use deadly force in a situation, it might not be the best solution.ìTaking a life takes a human toll on the shooter that you have to live with,î Hightshoe said. ìHave another way to deal with things. If all you have is a hammer, everything looks like a nail. The best bet is to walk away from an incident, handling it verbally.î
