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Recommendations Guide: Armed Security Guard Equipment

April 9, 2024April 10, 2024 Mark Schneider

Top Handgun Picks for Security Guards: The Glock Advantage

For security guards, the right gear is non-negotiable, especially when it comes to handguns. Glock’s reputation for reliability, safety, and affordability makes its models stand out. Among the top picks are the Glock 17, 19, and 45, and here’s why they’re favored:

Affordability: Glocks offer great value, ensuring security professionals can equip themselves without breaking the bank.
Safety: Features like the Safe Action System prevent accidental discharges, making Glocks a safe choice for high-stress environments.
Ease of Use: Designed for comfort and straightforward operation, these models are suitable for guards of all experience levels.
Versatility: Whether you need the robust Glock 17, the compact Glock 19, or the balanced Glock 45, there’s a Glock that fits every security role.

Magazine Compliance Across States

It’s worth noting that Glock provides 10 and 15 round magazines for models like the 17, 19, and 45, ensuring compliance with the laws of states such as Colorado, New Jersey, and California. This adaptability makes Glock an even more appealing choice for security guards, offering versatility and legality across various jurisdictions.

Affordable Glock Options for Security Guards

Security guards on a budget have a practical option: opting for a used Glock. A new Glock typically costs around $600, but a pre-owned one can be found for between $350 to $450—a significant saving.

Where to Find Them

Cabela’s is a recommended destination for those searching for a used Glock. While their used gun inventory isn’t listed online, visiting in-store can lead to finding a great deal.

Important Note On Magazines: You can NOT carry anything above the legal capacity limit in your state while on POST as a security guard. In Colorado for example, your magazine(s) must be a 10 or 15 round capacity. The City & County Of Denver Excise & Licensing made it policy that licensed guards must be in compliance with Colorado law. Denver Police might check magazines during a guard audit. If it is above 15 rounds you will receive a citation and have your magazine(s) confiscated. You also risk losing your security guard license for up to five years and having a criminal conviction on your record.

Essential Holster Recommendations for Security Guards

After extensive testing and evaluation of various options, two specific holsters stand out for their reliability and security. The Sariland ALS/SLS and the BlackHawk! T3 Holsters. It’s crucial to emphasize the importance of choosing level three holsters. These holsters provide superior protection against someone attempting to take your firearm—a risk that shouldn’t be underestimated, especially considering the physical altercations security guards may find themselves in.

Why Level Three Holsters?

Level three holsters offer an enhanced level of security, featuring multiple mechanisms that must be sequentially engaged to release the firearm. This design significantly reduces the risk of an assailant successfully disarming a guard. In high-risk environments, the extra seconds it takes for an unauthorized person to understand and bypass these mechanisms can be critical.

A Cautionary Note

While exploring options, one particular holster has shown to be less desirable: the Blackhawk Serpa holster. Despite its popularity, it’s important to highlight its limitations, especially concerning safety. The Serpa design, which includes a single level of security, has been associated with numerous incidents where users, including law enforcement officers and civilians, have accidentally discharged their firearms during the draw. Such a risk is unacceptable in the high-stakes situations security guards often face.

Safariland Level 3: The Ultimate Holster for Security Guards

The Safariland Level 3 holster is the top recommendation for armed security guards, offering unparalleled security with its three levels of retention:

The Safariland Level 3 ALS/SLS holster offers top-tier security with its Automatic Locking System (ALS) and Self Locking System (SLS), ensuring dual-layer protection against unauthorized firearm removal. It’s designed for a quick, instinctive draw, aligning with the Master Grip Principle for fast response in critical situations. Durable and built for the demands of security work, this holster represents the pinnacle of retention and reliability for professionals.

Key Features

Dual Retention: ALS and SLS systems for enhanced security.
Quick Draw: Optimized for fast, natural access to the firearm.
Durability: Robust construction for enduring performance.
High-Level Security: Level 3 classification for maximum protection.

Where to Purchase the Safariland Level 3 Holster

The Safariland Level 3 holster is available both new and used across a variety of platforms, ensuring that security guards can find the best deal to suit their budget. You can find this holster on Amazon, eBay, directly from Safariland, and at police supply stores. eBay, in particular, is highlighted as a great place to find both new and used holsters at competitive prices. Many have found exceptional deals there, with prices ranging from $70 to $225, making it a go-to source for securing this essential piece of gear without overspending.

BlackHawk T-Series L3D Holster: Combining Security with Quick Access

The T-Series L3D holster emerges as a second place choice for security guards seeking a balance between rapid accessibility and unwavering security. This holster is distinguished by its thumb-activated retention system, which aligns with the Master Grip Principle, ensuring that drawing under pressure is intuitive and swift.

Key Features:

Thumb-Activated Retention: Adheres to the Master Grip Principle for a fast and natural draw.
Smooth Internal Material: Low friction for a seamless draw and holstering experience, with sound-dampening lining for stealthy operations.
Durable and Sleek: Reinforced outer polymer and hydrophobic lining ensure performance in any condition, designed for minimal bulk.
Enhanced Security: Level 3 configuration includes a retention strap across the back of the slide for additional safety.
Accessory Compatible: Comes with a Jacket Slot Belt Loop, with the option to purchase a Quick Dual Release (QDR) Belt Loop and 2-Slot Belt Loop separately.

Purchasing Options and Price Range

Available on platforms like Amazon, eBay, and at police supply stores, the T-Series L3D offers flexibility in purchasing options. eBay is particularly recommended for finding both new and used holsters at competitive prices. The price range for this holster spans from $50 to $175. Notably, finding a brand new T-Series L3D for $60 on eBay has been reported, highlighting the platform’s potential for great deals.

Top Duty Belt Recommendation: The 5.11 Sierra Bravo

The 5.11 Sierra Bravo Duty Belt is a standout choice for security guards, offering durability and affordability at around $60. This belt package includes an inner belt, outer belt, and belt keepers, designed to endure years of heavy use without compromise. Its high-quality construction ensures reliability for daily duties.

Where to Buy

Available on the 5.11 website, Amazon, eBay, and local law enforcement supply stores, the Sierra Bravo is accessible to security professionals everywhere, making it an ideal option for those seeking a dependable duty belt that balances cost with performance.

Essential Security Gear: The Magazine Holder

An often-overlooked yet vital component of a security guard’s gear is the magazine holder. Carrying sufficient ammunition is not just a contractual requirement for many security jobs but a practical necessity in critical situations. The consensus among professionals is clear: having a total of 3 magazines on hand is essential, ensuring preparedness for any scenario.

Recommended Brands and Preferences

For those in the market for a magazine holder, brands like Bianchi, Safariland, 5.11, Blackhawk, Alien Gear, Gould & Goodrich and Uncle Mike’s come highly recommended. These brands offer products that balance quality with affordability, with prices ranging from $18 to $40 for a durable mag pouch. The choice between an open-top design and other styles is a personal preference, but the ease of access with open-top models is something many security professionals appreciate.

Notable Options

Safariland deserves a special mention for their triple magazine pouch, an ideal option for guards looking to carry an extra backup magazine. This option underscores the importance of being well-equipped for any eventuality, offering peace of mind that you’re prepared for even the most demanding situations.

Where to Buy

When it comes to purchasing magazine holders a lot of gear can be found on platforms like eBay and Amazon, which offer a wide selection from reputable brands. Additionally, local police supply stores often stock a range of magazine. For those who prefer to shop online, there’s no shortage of specialized websites offering an array of magazine holders, ensuring you can find exactly what you need with convenience and ease.

Top Pepper Spray Recommendation: Sabre 3.3 oz Pepper Foam

For security guards seeking effective non-lethal defense options, the Sabre 3.3 oz Pepper Foam stands out, especially recommended for its versatility in both indoor and outdoor settings. The choice of foam over spray is critical due to its reduced risk of contamination, making it safer for use in confined spaces.

Key Specs:

Maximum Strength: Features 10% Oleoresin Capsicum (OC) with 1.33% Major Capsaicinoids, marking it as the strongest single ingredient pepper spray available.
Sabre RED Formula: Known for its potency and reliability.
UV Dye: Aids in suspect identification, adding an extra layer of utility in post-incident investigations.

The Sabre 3.3 oz Pepper Foam’s design and formulation make it an excellent tool for security personnel, providing a powerful yet controlled option for neutralizing threats while minimizing risks to bystanders and the environment.

The Sabre 3.3 oz Pepper Foam can be conveniently purchased on popular online platforms such as Amazon or eBay. With a price tag of approximately $27 per can, it offers security guards a cost-effective solution for non-lethal defense needs. This accessibility ensures that guards can easily obtain this highly recommended pepper foam for their protection arsenal.

Essential Pepper Spray Pouch Recommendations

For security guards, a reliable pepper spray holder is indispensable. Trusted brands like Safariland, Bianchi, and Uncle Mike’s offer quality options ensuring secure and accessible storage. With prices ranging from $15 to $40, guards can find a suitable holder that fits their budget while providing essential functionality and durability.

Price Range: $15 to $40

Pepper spray holders from reputable brands typically range in price from $15 to $40. This ensures guards can find a suitable holder that fits their budget while offering the necessary durability and functionality for carrying pepper spray securely on duty.

Essential Defense Tool: The Baton

For security professionals seeking reliability without breaking the bank, the 21 inch Smith & Wesson Heat Treated Baton is the top choice. Its superior construction and affordable price point set it apart in the market. With durability built-in and a price tag that won’t disappoint, it’s the ideal investment for any security team. The baton already comes with a carrier, which offers great value.

Key Specs:

Blade Length: 14.4 inches
Overall Length: 21 inches
Weight: 1 pound
Blade Material: 4130 Seamless Alloy Steel Tubing
Handle Material: Thermoplastic Rubber
Tensile Strength: 6638.78 lbf (3011.3 kgf)
Bending Strength: 4055.84 lbf (1839.7 kgf)
Additional Features:
Textured and raised rubber handle
Includes black 1680 denier outer shell belt sheath

Priced at $80, the Smith & Wesson Heat Treated Baton is readily available for purchase on their official website, as well as through reputable online retailers like Cabela’s, eBay, and various other online retail platforms. This accessibility ensures that security professionals can easily acquire this top-quality baton from trusted sources, making it a convenient and reliable choice for their needs.

Essential Restraints: Handcuffs

When it comes to handcuffs, my unequivocal recommendation goes to Smith & Wesson. Renowned for their exceptional quality and unbeatable price, Smith & Wesson handcuffs, particularly the Model 100, have remained a staple in the industry for years. Constructed from nickel-plated carbon steel, these handcuffs offer both strength and corrosion resistance, ensuring longevity even in the most demanding situations.

Key Specs:

Material: Nickel-plated carbon steel
Finish: Satin nickel (non-reflective)
Wrist Opening: 2.04 inches
Locking Positions: 22
First Notch Inside Perimeter: 8.40 inches
Last Notch Inside Perimeter: 5.80 inches
Tightest Inside Width: 1.80 inches
Distance Between Cuffs: 2.00 inches
Maximum Overall Length: 8.98 inches
Weight: 10 ounces
Double Locking Mechanism: Slot lock design for added security
Included: Two handcuff keys, Smith & Wesson’s lifetime warranty, and instructions
Part Number: 350103

Price range varies from $25 to $30 and you can find them on eBay, Amazon, local police supply stores, and other online retailers. Most security guards need just one pair but some carry two.

Carrying Your Handcuffs: Handcuff Pouches

In the realm of handcuff pouches, several reputable brands stand out for their quality and functionality. Brands like Bianchi, Safariland, and Uncle Mike’s offer a range of options to suit different preferences and needs. The cost of these handcuff pouches typically ranges from $15 to $40, making them accessible to security professionals on various budgets. You can easily purchase them online through platforms like Amazon and eBay, or visit your local police supply store for a hands-on shopping experience. With options available for every style and budget, these handcuff pouches ensure that your handcuffs are securely and conveniently stored while on duty.

Defending Yourself Against Deadly Force: Body Armor

In the world of armed security, having the right gear isn’t just important; it’s essential. That’s why I’m pointing you towards what I believe is the best body armor out there: SafeLife Defense’s Enhanced Level IIIA Body Armor.

Why SafeLife Defense?

Quality, selection, affordability. SafeLife stands out for these reasons. Their latest armor uses top-notch materials like Dyneema, Honeywell, and SAATI, offering unmatched protection against common threats, all while being incredibly comfortable for all-day wear.

Key Specs:

Superior Protection: Resistant to bullets, strikes, and slashes.
Increased Coverage: 15% more side protection.
Concealable and Comfortable: Engineered for discreet wear and long hours on duty.
Water-Resistant and Durable: Built to last in any conditions.
Top-Rated for Comfort: Features a cooling mesh liner and adjustable fit for unparalleled comfort.

My Takeaway

For armed security guards, choosing SafeLife’s Level IIIA Body Armor means not just investing in top-tier protection, but also in your comfort and mobility on the job. It’s my top recommendation for anyone in the security field. In my view, SafeLife isn’t just a choice; it’s the best investment for your safety. The Price For a Vest starts at $600 and you can purchase it on SafeLifes Website.

Essential Illumination: Flashlights

The Streamlight 88062 2L-X 500 Lumen Flashlight is the top recommendation for security guards, thanks to its exceptional blend of durability, performance, and practical features. Here’s a quick overview:

Key Specs:

High Brightness: 500 lumens, with a light path distance of 165 meters, ideal for navigation and deterrence.
Durability: Made from aluminum, ensuring it can withstand the rigors of night patrols.
Waterproof: Capable of performing in adverse weather conditions.
Compact and Lightweight: Easy to carry without compromising on power, with dimensions of 5.14″D x 0.94″W x 1.06″H and weighing just 0.634 ounces.
Versatile Power Source: Runs on 2 CR123A batteries (included), with the option for rechargeable or non-rechargeable use.
Water Resistance Level: Waterproof
Cost-Effective: Priced at approximately $55, it’s an affordable option for a high-quality tool.

Available on Amazon, eBay, Cabela’s, and at local gun shops among other retailers, the Streamlight 88062 offers security professionals an indispensable tool that balances performance with durability, ensuring they’re always prepared, no matter what the night holds.

Essential Hand Protection: Gloves

HexArmor Gloves emerge as the superior choice, striking an ideal balance between functionality, protection, and cost. Specifically designed to be stab and needle-resistant, these gloves are essential for those in the security sector who face potential threats on a daily basis. Beyond their protective capabilities, HexArmor Gloves are crafted with convenience and durability in mind:

Key Specs:

Touchscreen-Compatible Fingertips: Stay connected without the need to remove your gloves.
Synthetic Leather Palm: Ensures a firm grip in dry conditions.
Secure and Durable Fit: Features a SlipFit cuff with hook and loop closure, alongside a reinforced index finger and thumb saddle for extended use.
Soft Brow Cloth: Located on the back of the thumb for easy sweat management.
Easy Care: Gloves can be laundered by hand or on a gentle cycle and are designed to hang dry, ensuring they’re ready for your next shift without the risk of shrinking or damage.

Priced at just $19, HexArmor Gloves make economic sense for security personnel. This affordability allows for purchasing multiple pairs, making it easy to replace them as needed without breaking the bank. Find them on Amazon and upgrade your security gear with gloves that don’t compromise on protection or functionality.

Essential Footwear: Shoes and/or Boots

Selecting the right footwear is a pivotal decision for security guards, who often spend long hours on their feet, navigating through varying environments. The ideal choice merges functionality with comfort, ensuring that security personnel are ready for anything that comes their way. Here are some key considerations for security guard footwear:

Key Specs:

Color: Footwear should be all black to align with standard security uniforms and maintain a professional appearance.
Waterproofing: For duties in wet conditions, waterproof boots or shoes are essential to keep feet dry and comfortable.
Slip Resistance: Slip-resistant soles are a must for maintaining stability and safety in all conditions.
Comfort: Above all, footwear should provide support and comfort for long periods of standing or walking.

Brands like 5.11, Nike, Reebok, Original Swat, Under Armour, and Galls are known for their quality and reliability in producing footwear that meets the demanding needs of security work. These brands offer options that cater to different preferences and requirements, from lightweight shoes for agility to robust boots for enhanced protection.

Prices for security guard footwear vary, ranging from $40 to $225, reflecting differences in quality, build, and features. Investing in higher-quality footwear can result in better comfort and durability, ultimately proving more economical in the long run due to less frequent replacements.

You can find a wide selection of suitable footwear online through retailers like Amazon, eBay, the 5.11 store, Galls, or at local police supply stores. When choosing footwear, consider the specific demands of your security duties to select the best option that combines comfort, durability, and protection.

Throughout this article, we’ve explored a meticulously curated selection of essential gear for armed security professionals, ranging from my top handgun selection to holsters, duty belts, magazine holders, pepper spray and its holder, batons, handcuffs, flashlights, gloves, boots and, critically, body armor. Each piece of equipment has been chosen based on a blend of reliability, functionality, and value, ensuring that you are not just equipped but optimally prepared for the demands of the job.

The total cost of fully outfitting oneself with this high-quality gear is around $1700—a significant investment, but one that provides immeasurable value in terms of safety, efficiency, and peace of mind. Remember, in a profession where the stakes are high and the margins for error are slim, the quality of your gear can make all the difference. Investing in the best is not just a matter of professional preparedness; it’s a commitment to your safety and the safety of those you are sworn to protect.

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Can You Use A Firearm To Stop Armed Robbery In Colorado?

April 5, 2024April 5, 2024 Mark Schneider

In Colorado, the right to use a firearm or any form of physical force in self-defense, especially during a robbery, is governed by specific legal standards set forth in Colorado Revised Statutes (CRS). The primary statutes to consider are CRS 18-1-704, which outlines the use of physical force in defense of a person, and CRS 18-4-302, which defines aggravated robbery. This article delves into how these laws apply to the use of a firearm to stop a robbery and the conditions under which such actions are legally justified.

Understanding Self-Defense: CRS 18-1-704

CRS 18-1-704 is the cornerstone for understanding when and how an individual can legally defend themselves or others from threats or acts of physical violence, including robbery. The statute permits the use of physical force if an individual reasonably believes that such force is necessary to protect themselves or a third party from imminent and unlawful force by another. More specifically, it establishes conditions under which deadly physical force, such as firing a firearm, is justified:

Deadly Force is Justified When: A person may use deadly force only if they reasonably believe that a lesser degree of force is inadequate and they or another person is in imminent danger of being killed or suffering great bodily injury. Additionally, the use of deadly force is permissible to prevent burglary, kidnapping, robbery, sexual assault, or assault as defined within the statute.
Limitations on the Use of Force: The law also outlines situations where the use of physical force is not justified, such as when a person provokes the use of force against themselves, is the initial aggressor, or the force arises from a prearranged fight.

Aggravated Robbery: CRS 18-4-302

Aggravated robbery is classified as a more severe form of robbery, involving the use or threat of a deadly weapon. Understanding the legal definition of aggravated robbery is crucial because the justifications for using deadly force in self-defense, especially during a robbery, are closely tied to the perceived threat posed by the aggressor.

Legal Justifications for Using a Firearm During a Robbery

Under CRS 18-1-704, the use of a firearm to stop a robbery can be legally justified if the person or victim believes that the robber is committing or about to commit an act that could result in death or great bodily harm. This belief must be reasonable, meaning that a person in the same situation would have perceived the same level of threat. The law recognizes the right to defend oneself with deadly force, assuming that lesser means of defense are inadequate and the threat is imminent.

However, the justification for using a firearm in self-defense during a robbery is not absolute. It is subject to scrutiny based on the specific circumstances of each case, including the nature of the threat and the reasonableness of the perceived danger.

Scenario 1: Convivence Store Hold Up

Jack, a responsible and law-abiding citizen with a concealed carry weapon (CCW) permit, decides to stop by his local 7-11 convenience store for a late-night snack. Unbeknownst to him, a tense situation is about to unfold that will test his resolve, training, and understanding of Colorado’s self-defense laws.

As Jack enters the store, he immediately notices an individual holding a gun pointed directly at the clerk behind the counter. The robber, wearing a mask and gloves, is aggressively demanding that the clerk open the register and hand over all the money. The clerk, visibly shaken and fearing for his life, complies with the demands, his hands trembling as he attempts to open the cash register.

The robber, growing increasingly impatient and aggressive, threatens to shoot the clerk if he doesn’t hurry up. Jack realizes that the situation is escalating towards imminent harm or potentially deadly violence against the unarmed clerk. Believing there’s no other choice to prevent harm and with no safe way to de-escalate the situation without risking the clerk’s life, Jack decides to act.

Jack commands the robber to drop the weapon. Startled and now facing a threat to his own life, the robber turns towards Jack, raising his gun in a threatening manner. In a split-second decision, fearing for his own life and the life of the clerk, Jack discharges his firearm, striking the robber and neutralizing the immediate threat.

The scenario described previously can be justified under CRS 18-1-704 for several reasons, all of which align with the stipulations outlined in Colorado’s self-defense laws regarding the use of physical force, including deadly force, in defense of oneself or others. Here’s a breakdown of the key points:

Imminent Threat

CRS 18-1-704(1) stipulates that an individual is justified in using physical force to defend themselves or others from what they reasonably believe to be the use or imminent use of unlawful physical force. In this scenario, the robber’s aggressive behavior and explicit threat to shoot the clerk if he did not comply with his demands clearly indicate an imminent threat of unlawful physical force.

Use of Deadly Force

According to CRS 18-1-704(2), deadly physical force may be used only if the individual reasonably believes a lesser degree of force is inadequate and they or another person are in imminent danger of being killed or receiving great bodily injury. The scenario illustrates that the robber, armed and ready to use his weapon, posed an imminent danger to the clerk (and potentially to Jack as well once he was noticed), justifying Jack’s belief that deadly force was necessary to prevent harm.

Reasonable Belief

The law requires that the belief in the necessity of force must be reasonable. Jack’s assessment of the situation — the robber’s explicit threat, the visible weapon, and the immediate danger to the clerk — supports a reasonable belief that the use of force was necessary to prevent imminent harm.

Defense of Another

CRS 18-1-704 allows for the defense of a third person under the threat of imminent use of unlawful physical force. Jack’s action was aimed at defending the clerk, a third party, who was under direct threat from the robber.

In essence, this scenario demonstrates a situation where the use of deadly force could be legally justified under Colorado law due to the presence of an imminent threat, the necessity of using deadly force to prevent harm, and the action being in defense of another person. Nonetheless, every use of force incident is subject to legal scrutiny to ensure that the conditions for justified self-defense are met.

Scenario 2: The Misunderstanding Of A Prank In A Grocery Store

Jack walks into a local grocery store and witnesses what appears to be a serious and threatening exchange between two individuals. One of them aggressively demands money from the other, threatening to shoot while seemingly pointing a gun-shaped object from under his shirt. Reacting swiftly to what he perceives as an imminent threat of armed robbery and potential harm to an innocent person, Jack intervenes by using his firearm to neutralize the threat. However, moments later, it’s revealed that the situation was not as it seemed. The aggressor was actually engaging in a poorly considered prank with his friend, and the perceived weapon was nothing more than his hand under his shirt, mimicking a gun.

Analysis Under 18-1-704 and Potential Legal Implications

This scenario diverges significantly from the earlier one in terms of legal justification for the use of deadly force under CRS 18-1-704. Several key aspects come into play:

Reasonable Belief and Imminence of Threat: While Jack believed he was stopping an imminent armed robbery, his interpretation of the threat was based on incomplete and misleading information. The law requires that the belief in the necessity of deadly force must be both reasonable and based on an actual imminent threat. In this case, the “threat” was fabricated and no real danger existed.
Mistake of Fact: Jack’s actions were based on a mistaken belief that a real threat was present. Although his intentions might have been to prevent harm, the law critically assesses the reasonableness of the mistaken belief and the actions taken based on that belief.
Proportionality and Necessity of Force: Given that there was no real weapon or intent to commit a crime, the use of deadly force was disproportionate to the actual situation. The law emphasizes that deadly force is a last resort, only justifiable when lesser means of force are inadequate and the threat is immediate and severe.
Legal Consequences: Jack could face serious legal repercussions for his actions, including charges related to the unjustified use of deadly force. The investigation would likely scrutinize his decision-making process, the perceived threat, and whether his actions were reasonable from the perspective of an ordinary person in his situation.
Civil Liability: Beyond criminal charges, Jack could also face civil lawsuits for injuries or wrongful death, given that his actions were based on a misunderstanding and resulted in harm without a lawful justification.

This scenario underscores the critical importance of accurately assessing threats and the necessity of using force, especially deadly force, in self-defense situations. It highlights the complexities involved in real-time decision-making and the severe consequences of misinterpretations. Individuals who carry weapons for self-defense must exercise extreme caution, ensuring that their actions are not only in response to genuine threats but also proportionate and necessary under the circumstances. The tragic outcome also serves as a cautionary tale about the dangers of realistic pranks that can be perceived as genuine threats, potentially leading to fatal misunderstandings.

The District Attorney’s Analysis & Decision

In any situation involving self-defense or a mistaken belief in the need for self-defense, the decision to bring charges rests heavily with the District Attorney (DA). The DA will conduct a thorough review of all the evidence collected during the investigation, known as the discovery, which includes witness statements, surveillance footage, the immediate circumstances surrounding the incident, and the actions of the individual claiming self-defense. Most crucially, the DA evaluates the totality of the circumstances, a legal standard that takes into account all factors and conditions that existed at the time of the incident. This comprehensive evaluation aims to understand the mindset of the person who used force, the perceived threat they were responding to, and whether their actions were reasonable and proportionate under those specific circumstances. The principle of the totality of the circumstances ensures that the decision to file charges is not based on any single element but rather on an all-encompassing assessment of the event, prioritizing fairness and the objective analysis of the situation as it appeared to the parties involved at the moment.

Conclusion

In Colorado, the law provides a framework for individuals to defend themselves with a firearm during a robbery, under strict conditions. These conditions hinge on the reasonableness of the threat perceived and the necessity of using deadly force as a means of defense. It’s crucial for individuals to understand these legal standards to ensure their actions remain within the bounds of the law while defending themselves or others. Anyone facing such a situation should also consider the aftermath of using deadly force, including legal implications and the potential for criminal charges, and may seek legal advice to navigate these complex scenarios.

Legal Disclaimer

The information provided in this article, including examples and analyses, is for general informational purposes only and is not intended as legal advice. The scenarios and discussions presented are hypothetical and intended to illustrate the application of certain laws under specific circumstances as understood within the jurisdiction of Colorado at the time of writing. Legal statutes and interpretations are subject to change and can vary significantly by jurisdiction. The information herein should not be used as a substitute for the advice of a licensed attorney or as a basis for any legal decisions.

Readers are cautioned that the application of laws and legal principles to individual circumstances can be complex and nuanced. While this article aims to provide a general understanding of certain legal concepts, it does not encompass all potential legal scenarios or nuances. The outcome of any legal matter may depend on a variety of factors, including but not limited to the specific facts of the case, changes in law, jurisdictional variances, and the discretion of legal professionals and authorities involved.

If you require legal advice or have specific questions related to your situation, you are strongly encouraged to consult with a qualified attorney who can provide guidance tailored to your circumstances. Reliance on any information provided in this article is solely at your own risk. The creators and contributors to this article disclaim any liability for actions taken or not taken based on the content of this article.

Avoiding Felony Menacing Charges As A Gun Owner In Colorado

January 31, 2024January 31, 2024 Mark Schneider

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.