In Colorado, responsible firearm ownership means more than just following the rules for concealed carry or background checks—it also means knowing what you can’t do with a firearm, regardless of whether you’re licensed. One of the key laws every gun owner, CCW holder, or armed guard should be familiar with is Colorado Revised Statute § 18-12-106, which covers the prohibited use of weapons.
Let’s break down what this statute says, what it means in plain English, and how to stay on the right side of the law.
What Is CRS § 18-12-106?
C.R.S. 18-12-106 makes it a criminal offense to misuse a firearm or certain other weapons in a reckless or unlawful way. Here’s a summary of what is prohibited under this statute:
Prohibited Acts Under the Statute
You can be charged with a Class 2 misdemeanor if you do any of the following:
- Discharge a firearm recklessly or with criminal negligence.
- Display a firearm or other deadly weapon in a threatening manner, unless it’s in lawful self-defense.
- Shoot a bow and arrow or crossbow recklessly or with criminal negligence.
- Set a loaded firearm to discharge automatically or when tripped (think: setting booby traps).
- Aim a firearm at another person, whether or not it’s loaded, unless you are legally justified to do so (such as in self-defense).
- Throw stars, nunchakus, or similar martial arts weapons at people, except in a sanctioned martial arts event.
Key Takeaways
🔫 You Cannot Point a Gun at Someone Unless It’s Justified
Pointing a firearm—even if it’s unloaded—at another person can land you in serious legal trouble unless it meets the legal definition of self-defense under CRS § 18-1-704 or § 18-1-707.
💥 Negligent or Reckless Discharge = Criminal Charge
If you fire your firearm into the air to “scare” someone, or do so without a legitimate threat, that’s considered reckless discharge and it’s a crime. There’s no such thing as a “warning shot” in Colorado law.
⚖️ Criminal Negligence Matters
Even if you didn’t mean to hurt someone, you can still be charged if your actions were careless enough to be considered criminally negligent—a higher standard than simple carelessness.
Penalties for Violating CRS 18-12-106
Violating this statute is typically a Class 2 misdemeanor, punishable by:
- Up to 120 days in jail
- Up to $750 in fines
- Possible loss of your concealed carry permit
- A permanent criminal record that could affect future firearm ownership or employment in security
If your actions result in injury or death, you may also face more serious felony charges, including assault or manslaughter.
What About Self-Defense?
The statute does allow exceptions for lawful use of force. If you draw or point your firearm because you reasonably believed you or someone else was in imminent danger of unlawful force or death, that may fall under justified self-defense.
That said, this is a legal gray area. If you’re ever forced to defend yourself, you must be able to clearly articulate:
- What the threat was
- Why you believed force was necessary
- Why your response was reasonable and proportional
Why This Law Matters for CCW Holders and Security Guards
As a concealed carry permit holder or licensed armed guard, you’re held to a higher standard. Brandishing, threatening, or even placing your hand on your firearm in an unjustified situation could lead to criminal charges under this statute.
If it leaves the holster, you better be ready to explain why.
Final Thoughts
CRS § 18-12-106 is one of those statutes that doesn’t get as much attention as some others, but it’s absolutely critical to understand. Many people get charged not because they were malicious, but because they were careless or thought something “wasn’t a big deal.”
Ignorance of the law isn’t a defense. That’s why we cover these topics in-depth in our CCW and armed guard courses.
Call to Action
If you want to carry responsibly, avoid criminal liability, and understand how to defend yourself within the law, we encourage you to sign up for one of our upcoming CCW classes. We cover this statute and more—so you know what’s legal, what’s not, and what to do if you’re ever forced to defend yourself.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. For legal interpretation or representation, consult a licensed Colorado attorney.
