Most gun owners know that if you start a fight, you probably lose the right to claim self-defense. But what if you just provoke someone—without ever throwing a punch or drawing a weapon first?
That’s the issue at the heart of People v. Guenther, 740 P.2d 971 (Colo. 1987), a Colorado Supreme Court case that dives deep into what counts as provocation—and how it can take away your legal right to defend yourself, even if you’re the one who ends up under attack.
This one’s important for CCW holders, armed guards, and anyone who teaches or trains for self-defense.
🔹 The Case: People v. Guenther, 740 P.2d 971 (Colo. 1987)
Guenther was convicted of second-degree assault after a violent altercation. He claimed self-defense. The prosecution argued that his provocative behavior leading up to the incident eliminated his legal right to claim self-defense—even though he didn’t physically attack anyone first.
The trial court agreed, and the issue reached the Colorado Supreme Court.
🔹 Key Legal Principle: Provocation Doesn’t Require Physical Force
The court ruled that you can be the provocateur even without being the first to use force, and that intentional provocation with the goal of causing a violent response can disqualify you from claiming self-defense.
In other words:
If you deliberately act in a way that’s likely to provoke someone into attacking you—and that’s what you wanted to happen—then you’re not protected by Colorado’s self-defense laws.
🔹 What This Means for Armed Citizens and Security Professionals
- Words, tone, and posture matter. If you’re escalating a situation with threats, insults, or aggressive body language, you might be seen as the provocateur.
- “Mutual combat” gets murky. If you engage in behavior that turns into a fight—even if you didn’t physically start it—your right to claim self-defense can vanish.
- Security guards beware. If your actions could be interpreted as provoking a suspect or escalating a scene, your legal protections might not hold up.
🔹 Real-World Scenario
Let’s say an armed citizen follows someone they believe is acting suspiciously. The citizen yells at the person, blocks their path, and acts confrontational. Eventually, the other person pushes or swings—and the armed citizen responds with deadly force.
Under Guenther, the court may find that the armed citizen provoked the altercation and lost the right to claim self-defense, even though they didn’t strike first.
🔹 Lessons from People v. Guenther
- Don’t try to bait someone into attacking. If your goal is to create a situation where you can legally respond with force, it’s not going to end well in court.
- Use your head before your gun. Verbal de-escalation and tactical disengagement are more powerful than most people realize.
- Stay professional. Especially in security, your conduct will be under a microscope if force is used.
🔚 Conclusion
People v. Guenther teaches a hard truth: If you provoke a fight—even just with your words or actions—you may lose the right to use force in your defense.
Self-defense isn’t just about what you do in the moment—it’s about everything leading up to it. Your attitude, your words, your body language, and your intent can all be used to challenge your justification later.
If you carry a gun, carry the responsibility with it. Know the law. Stay calm. Stay professional.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, please consult a licensed Colorado attorney.
