House bill would give business owners ‘immunity’ for using deadly force against ‘unlawful intruder’

DENVER, Colo. (KRDO) -- A Republican representative from Southern Colorado introduced a bill that would allow business owners to be "immune from criminal prosecution for the use of such force" against intruders.

Rep. Ty Winter (R), representing District 47 which includes all of Baca, Bent, Crowley, Kiowa, Las Animas, Otero, and Prowers counties and parts of Huerfano and Pueblo counties, introduced HB23-1050. It's designed to give greater protections to business owners.

The bill text on HB23-1050, introduced on January 9, says "any occupant of a dwelling; any owners, manager, or employee of a place of business; or any person in lawful possession of a firearm at a place of business is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling or place of business."

The business owner would then be "immune from criminal prosecution for the use of such force," according to the bill text.

The bill would be an extension of the Colorado law called the "Make My Day" law. That law allows homeowners, or those inside a hotel room, to use reasonable deadly force against a potential intruder or someone intending to commit a crime inside the home or hotel room.

Lee Gladney, the owner of Pueblo Bearing, told 13 Investigates he's in favor of the bill, saying it allows business owners to defend themselves and their property.

"I think the bill is very well intended. I think it helps the public and business owners," Gladney said. "In today's world, criminals seem to have quite much more latitude than an a law-abiding citizen. So I think this is a step in the right in the right direction as far as protecting law-abiding citizens and business owners."

However, Gladney worried that some of the language in the bill could be too easily "misconstrued," and could cause problems for business owners wanting to exercise this potential right. Gladney pointed to a part of the bill that reads, "is committing or intends to commit a crime against a person or property."

"I think I would support it overall if they were to take out some of the innocuous words there, like the 'intends to,' and just take it out just to make it where there's no room for interpretation on anybody's part," Gladney said.

Criminal defense attorney Jeremy Loew argued the bill could lead to a "slippery slope" of business owners thinking they understand the potential law and getting prosecuted for going about it the wrong way.

"When there's a situation where it's 'reasonable force' in a business, somebody could have lawfully entered the business and became somewhat threatening, and then somebody just shoots them," Loew said. "When you come into a business, you are presumed to be an invitee."

Loew said the bill is clear on someone breaking into the business and the rights of business owners if this bill became law, but he says the danger would still exist.

"My biggest concern is that people, gun owners who believe that they have the right to kill somebody, are going to end up being prosecuted, and we don't want that to happen," Loew said.