Make My Day law
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The Make My Day law is represented in several states of the United States guaranteeing "absolute safety" for citizens within their own homes. Its origins are from Oklahoma, though it has been adopted in other states such as Colorado.
Under the law, citizens cannot be prosecuted for using deadly force against suspected threats to themselves in their houses - for example (and primarily), intruders. The origins of the law can be traced to a case of a break-in, involving a Dr Frank Sommer from Oklahoma. After shooting dead an intruder, the law was passed within weeks. The success of the law is shown by many as a clear advocation for self defense as deterrence; the crime rates in Oklahoma for burglary fell from 58,333 in 1987 to 31,661 in 2000.
The name comes from a line in the film Dirty Harry, starring Clint Eastwood.
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[edit] Uses of the law in homicide cases
The law has come into rulings on several occasions; almost all relating to surprise entries to homes. Recent cases include that of Larry Kintz - whose house had previously been broken into five times - who shot and killed a burglar that invaded his home when he was asleep. [1],. However, Nick Velme was not protected by the law when he shot dead his neighbor, who had 'surprised' him. Upon inspection of the crime, prosecutors deemed him to not be protected by the law, as his neighbor had at no point entered his house. As such, Velme was charged with second degree murder [2].
[edit] "Make My Day Better"
Proposals in Colarado starting in 2006 and early 2007 announced that the law would be expanded into protection of businesses and automobiles, with Statesman Cory Gardner hoping to submit his bill in early February [3]. A supposed backup for the claim related to a Denver businessman who had shot a burglar in self-defense at his business - a restaurant. As such, a charge of attempted murder was leveled, though a first-degree murder still remained. As of then, there was no stipulation the law applied to businesses. A proposal called "Make My Day Better" would also protect people who use deadly force to protect themselves in their businesses and automobiles.
[edit] Failed attempts to expand
State lawmakers drafted proposals to extend the law, and in February 2007, the bill made it to its second reading, despite criticisms from many individuals and groups.
General scrutiny came in particular from the Democrats, stating that the extensions would simply lead to heavy violence and gun crime in the streets, one alleging "Sunday afternoon shoot-outs in Wal-Mart." In particular, reference was made to the possibility that businesses would settle rivalries and disputes via violence, using the law as an excuse. These claims were somewhat rebuffed by statements claiming the bill was for the protection of children; others also stated that home owners should feel safe protecting themselves "without fear of prosecution". The bill passed the house by a slight majority of 34 to 30.
Despite some backing and two readings, the bill was shot down by a Senate committee on 26 February 2007, reaching a vote of 3-2, voicing the similar concerns that it could lead to business disputes and violence [4].
