State Rep. Cory Gardner, R-Yuma, introduced legislation today to strengthen and expand Colorado’s Homeowner Protection Law, commonly referred to as the “Make My Day” law.

Under the current law, legal protection is provided to homeowners or residents defending themselves against intruders. However, homeowners who use deadly force to defend themselves must prove their innocence by showing that they were afraid for their lives.

“We should have the right to protect our property and our lives without fear of prosecution,” Gardner said. “It’s ludicrous that, under current law, the rights of an intruder outweigh the rights of a mother or father protecting their children.”

Gardner's measure would strengthen Colorado’s law by establishing that citizens who use deadly force against an intruder would be presumed innocent. Gardner said that he hopes it would act as a further deterrent to these types of crime since potential victims with guns would have this additional protection.

The current “Make My Day” law recently came under pressure when a Denver business owner shot an intruder who broke into his business. The business owner is now facing a criminal charge of first-degree aggravated assault.

“Current case law is fuzzy, especially in the hands of liberal judges, when someone breaks into your home,” Gardner said. “It becomes even fuzzier when you are defending yourself outside your home, even in a place where you have a legal right to be. The right to defend yourself should not end at your doorstep.”

Expanding the “Make My Day” law to include any place a citizen has a legal right to be would allow citizens to use deadly force as a means of protection in places such as a business, a hotel room or a car.

State legislators passed the Homeowner Protection Law in 1985. It was nicknamed the “Make My Day” law based on Clint Eastwood’s line in the movie, Sudden Impact.