Navigating the Thin Line: Avoiding Felony Menacing Charges for Legally Armed Gun Owners in Colorado
In Colorado, gun owners and concealed carry holders navigate the delicate balance between self-defense and legal boundaries. Understanding the intricacies of the law, specifically Colorado’s stance on felony menacing, is crucial for those who choose to carry a firearm for protection. This article delves into the nuances of avoiding felony menacing charges while practicing the 6 “D”s of self-defense—Detect, Disengage, Deter, Demonstrate, Defend, and Dial 911—with a focus on the critical phase of demonstrating a firearm in public.
Understanding Felony Menacing
Under Colorado Revised Statutes 18-3-206, menacing becomes a class 5 felony when a firearm, knife, bludgeon, or their simulated counterparts are used to knowingly place or attempt to place another person in fear of imminent serious bodily injury. This statue is sometimes confused with brandishing. This legal framework sets the stage for the complex dance between asserting one’s right to self-defense and avoiding the escalation to a felony charge.
Clarification on Brandishing and Felony Menacing in Colorado
It’s important for gun owners in Colorado to understand that, while the state does not have a statute specifically addressing “brandishing” a weapon, actions that could be considered brandishing in other jurisdictions may fall under the umbrella of felony menacing if done in a manner perceived as threatening or in commission of a criminal action. In Colorado, displaying a firearm in a way that knowingly places or attempts to place another person in fear of imminent serious bodily injury can lead to charges of felony menacing. This distinction underscores the need for responsible firearm handling and awareness of how one’s actions may be interpreted under the law. Gun owners must exercise caution to ensure that their actions, even if intended for self-defense, do not inadvertently cross legal boundaries into criminal territory.
The 6 “D”s in Action
Detect
The first step in any self-defense situation is to detect potential threats. Awareness of one’s surroundings is paramount, allowing for early identification of potential dangers and affording the opportunity to avoid or de-escalate the situation before it escalates.
Disengage
Whenever possible, disengaging from a threatening situation is the preferred course of action. Walking away or removing oneself from a potentially volatile scenario can often prevent the need for further action and keeps the concealed carry holder from being perceived as an aggressor.
Deter
Verbal de-escalation and non-threatening body language serve as powerful deterrents. Communicating calmly and clearly that you wish to avoid conflict can dissuade potential aggressors without the need to escalate to physical defense measures.
Demonstrate
Demonstrating the presence of a firearm is a significant step, one that must be approached with caution. This action can range from subtly revealing the fact that you are armed to more overt displays intended to stop an aggressor in their tracks. It is at this juncture that the risk of being charged with felony menacing increases, necessitating a careful balance between deterrence and legal ramifications.
Defend
Actual physical defense should be a last resort, engaged in only when all other options have been exhausted and there is a clear, imminent threat to one’s safety or the safety of others.
Dial 911
After any defensive encounter, immediately calling 911 is crucial. This step not only ensures that the authorities are aware of the incident but also establishes the concealed carry holder as the complainant and, ideally, the party in the right.
Navigating the Demonstration Phase Without Inciting Felony Menacing Charges
Demonstrating the presence of a firearm in a self-defense scenario requires a nuanced understanding of the law and the situation at hand. Here are three example scenarios where demonstrating a firearm could deter an aggressor without crossing the legal threshold into felony menacing:
- Late Night Parking Lot Encounter: Walking back to your car in a dimly lit parking lot, you notice someone aggressively approaching you, shouting threats. After attempting to disengage by walking away and verbally indicating you do not want trouble, you subtly lift your shirt to reveal your concealed carry firearm. The aggressor sees this and decides to retreat, understanding the seriousness of the situation. You then immediately dial 911 to report the encounter.
- Gas Station Standoff: While refueling your car at a gas station late at night, an individual begins to harass you, demanding money and becoming increasingly aggressive. You attempt to de-escalate verbally, but the person continues to advance. Without drawing your weapon, you place your hand on your firearm, making it apparent you are armed and prepared to defend yourself if necessary. Seeing this, the aggressor backs off, and you quickly call 911 to report the incident.
- Public Park Harassment: Enjoying a day in the park, you’re confronted by a hostile individual who begins to threaten you physically. You try to leave the situation, but the individual blocks your path. Calmly, you inform them you are armed and prepared to defend yourself, ensuring your firearm remains holstered but visible. The potential attacker decides to leave, and you immediately use your phone to contact law enforcement.
Staying on the Right Side of the Law
In each of these scenarios, the gun owner successfully navigates the fine line between self-defense and aggression by:
- Clearly attempting to disengage and de-escalate the situation first.
- Ensuring that any demonstration of a firearm is done as a last resort and in a manner that does not escalate the situation unnecessarily.
- Avoiding the display of anger or aggression, maintaining a posture of defense rather than provocation.
- Immediately contacting law enforcement following the incident to report the encounter from their perspective.
Embodying the Role of the Innocent, Not the Aggressor
Central to navigating self-defense situations as a concealed carry holder in Colorado is the unwavering commitment to embodying the role of the innocent party, not the aggressor. This means maintaining a demeanor and taking actions that clearly communicate a preference for peace over confrontation. In every interaction, especially when a firearm is involved, it’s imperative to demonstrate through words, tone, and body language that your intention is to avoid conflict. Engaging in self-defense should always be a response to an unavoidable threat, not a means to provoke or escalate a situation. By prioritizing de-escalation and seeking peaceful resolutions wherever possible, gun owners ensure that they remain on the right side of the law and moral responsibility. This approach not only safeguards the individual’s legal standing but also upholds the broader values of responsibility and restraint that are foundational to the concealed carry community.
The Significance of Being the First to Call 911
In the aftermath of a self-defense scenario, the act of calling 911 first carries significant weight in establishing oneself as the party of the innocent. This proactive step is more than just a post-incident procedure; it’s a critical action that can greatly influence the legal and public perception of the event. If the aggressor decides to walk away and subsequently calls 911 first, portraying themselves as the victim, the real victim who hesitated to make the call could unjustly be seen as the aggressor. Therefore, it is crucial for concealed carry holders to understand that in the eyes of the law and public opinion, the first call to 911 often frames the narrative. By ensuring that you are the one to initiate contact with law enforcement, you solidify your position as the respondent to a threat, rather than the initiator of conflict. This underscores the importance of immediate and decisive action in not only defending oneself but also in navigating the aftermath of a self-defense situation.
The Importance of Legal Support
For concealed carry holders in Colorado, having legal support, such as a plan with the United States Concealed Carry Association (USCCA), is invaluable. Immediate access to a critical response team following a self-defense incident can provide guidance and support through the legal complexities that may follow.
Conclusion
For concealed carry holders in Colorado, understanding and navigating the legal landscape is as crucial as mastering the physical aspects of self-defense. By adhering to the principles of the 6 “D”s, particularly during the demonstration phase, gun owners can protect themselves and others while minimizing the risk of felony menacing charges. Remember, the goal is always to be the party of the innocent, defusing potentially dangerous situations with wisdom and restraint.
Legal Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. The information provided herein is a general overview of self-defense and firearm laws in Colorado, specifically regarding felony menacing and the responsibilities of concealed carry holders. Laws and legal interpretations are subject to change, and the specifics of any individual case can significantly affect legal outcomes. Readers are strongly advised to consult with a qualified legal professional for personalized advice and to ensure compliance with all applicable state and federal laws. The scenarios presented in this article are hypothetical and designed to illustrate principles of lawful self-defense practices; actual situations may vary widely and require professional legal evaluation. Neither the author(s) nor the publisher assumes any liability for the outcomes of any actions taken based on the information provided in this article.
