Carrying a firearm doesn’t just mean you’re ready to protect yourself—it also means you need to understand the legal consequences if you’re seen as the aggressor. The case of People v. Toler, 9 P.3d 341 (Colo. 2000), is a powerful reminder that your right to claim self-defense can disappear if you start the fight.
If you carry concealed or work in armed security, you need to know exactly where that legal line is—and how Toler helps define it in Colorado.
🔹 What Happened in People v. Toler?
In this case, the defendant, Mr. Toler, was involved in a confrontation that escalated quickly. He pulled a gun during a heated argument, and eventually fired, killing the other person. Toler claimed he acted in self-defense.
The issue? The court found evidence that Toler provoked or initiated the confrontation. That made a huge difference.
🔹 Key Legal Principle: Initial Aggressors Lose the Right to Self-Defense
The Colorado Supreme Court ruled that you cannot claim self-defense if you were the one who provoked or started the fight, unless you clearly withdraw and give the other person a chance to stop the fight too.
Here’s what the law says:
A person is not justified in using physical force if they are the initial aggressor, unless they withdraw and communicate that withdrawal in good faith.
🔹 What This Means for CCW Holders and Armed Professionals
- Verbal provocation counts. You don’t have to throw the first punch to be considered the aggressor. Starting a confrontation with threats or aggressive behavior can legally put you in the wrong.
- Pulling a firearm first? Major risk. If you introduce a weapon during an argument—even if you think you’re calming things down—you may lose your ability to legally claim self-defense.
- Withdrawal must be clear. Backing off isn’t enough. You must communicate that you no longer want to fight, and give the other person a chance to disengage.
🔹 Real-World Scenario
Imagine an armed citizen gets into a road rage dispute and starts yelling threats. The other person responds aggressively, and the CCW holder draws their firearm and shoots when things get physical.
Even if the shooter feels threatened, Toler says that’s not enough—because they helped cause the threat. The law won’t protect them unless they had already tried to withdraw from the conflict.
🔹 Lessons from People v. Toler
- Don’t escalate. If you’re armed, you have more responsibility—not less—to stay calm and avoid confrontations.
- Words matter. Threatening language, aggressive posturing, or chasing someone down can legally classify you as the aggressor.
- Backing out is essential. If things are spiraling out of control, you must make a clear effort to de-escalate and disengage.
🔚 Final Thoughts
People v. Toler draws a sharp line in Colorado law: If you start the fight, you don’t get to finish it in self-defense. That’s why situational awareness, conflict avoidance, and strong communication skills are just as important as marksmanship for anyone carrying a gun.
Whether you’re a CCW permit holder or a licensed armed guard, know the law and carry the responsibility that comes with your training and your weapon.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, please consult a licensed Colorado attorney.
