Concealed Carry

The 5 Elements of Self-Defense: What Every Responsible Gun Owner Should Know

🔥 Real-World Consequences

Imagine drawing your firearm in a moment of panic—only to be arrested the next day for assault with a deadly weapon. You thought you were defending yourself. But the law doesn’t just care about what you felt—it cares about what you can prove.

That’s why understanding self-defense law is critical. Andrew Branca, attorney and author of The Law of Self Defense, lays out five essential elements courts use to determine whether your actions were legally justified. As a certified Law of Self Defense Instructor, I teach these elements in every class—and I consider them required knowledge for anyone who carries a firearm.


Why These Elements Matter

The law doesn’t care if you’re a good shot. It cares whether you met the legal criteria for using force. These five elements form the legal test that prosecutors, judges, and juries will use to decide your fate.

Miss just one? You could go from defender to defendant.

That’s why we include a copy of these elements in every CCW class and strongly recommend reading The Law of Self Defense. This isn’t just theory—it’s real-world protection.


The 5 Elements of Self-Defense Law (Quick Chart)

ElementDescriptionExample
InnocenceYou didn’t start or escalate the fightYou’re approached aggressively while backing away
ImminenceThreat must be immediateAttacker lunges at you with a knife
AvoidanceIf safe, you must try to disengage (depending on state law)You try to leave or de-escalate before using force
ProportionalityForce must match the threatDeadly force only if you face death or serious injury
ReasonablenessYour actions must match what a reasonable person would doA jury would agree your fear and response were justified

In-Depth Breakdown of the Five Elements

1. Innocence

You must not be the aggressor. If you initiate the conflict, you forfeit the legal right to self-defense.

2. Imminence

The threat must be happening now. Self-defense is not legally justified for past altercations or vague future threats.

3. Avoidance

If your state imposes a duty to retreat, and it’s safe to do so, you must try. Even in “stand your ground” states like Colorado, making an effort to avoid conflict can bolster your defense.

4. Proportionality

Your use of force must match the level of threat. Deadly force is only justified in response to a threat of death or serious bodily injury.

5. Reasonableness

Your response will be judged by what a reasonable person would have done under the same circumstances—not just by what you felt in the moment.


Real-World Example: People v. La Voie (Colorado)

In the case People v. La Voie, the Colorado Supreme Court held that a person is justified in using deadly force if they reasonably believe it’s necessary to protect themselves from an imminent threat—even if that threat later turns out to be mistaken.

This case is a key example of how the courts interpret “reasonableness” and “imminence” in real life. It’s also why we train our students not just how to shoot, but when—and when not—to use force.


Understanding how to draw your firearm is important—but understanding when it’s legal to do so is even more critical. These five elements are your legal playbook. Follow them, and you’ll be prepared both physically and legally.

We cover these elements in detail during every CCW class we teach and walk through real-world examples from Colorado law. Our goal is to produce not just trained shooters, but legally informed citizens.


Take the Next Step

⚖️ Hire Me as an Expert Witness – Need support in a CCW or armed security case? I provide expert legal analysis on use-of-force events.

Sign Up for a Concealed Carry Class – Get trained by certified professionals who teach the law behind the trigger.

🛡️ Compare Self-Defense Insurance Plans – Protect yourself legally before a self-defense situation ever happens.

🎯 Explore Our Shooting Drills – Build the skills to perform under pressure with drills we use in our own training.

📚 Learn Colorado Self-Defense Laws – Know your rights and responsibilities under CRS 18-1-704, 705, and related statutes before you carry.


Concealed Carry

Top 5 Concealed Carry Guns for Personal Defense

Choosing Your Defender: A Detailed Look at the Top 5 Concealed Carry Firearms

Selecting the right concealed carry gun is a personal journey, one that requires careful consideration of your specific needs, comfort, and preferences. While the firearms highlighted in this guide—ranging from the versatile Glock 43X to the compact powerhouse of the Glock 19—represent some of the most popular and highly regarded options in the market, it’s crucial to acknowledge that the best firearm for you may not be included in this list.

A Personal Choice: Finding Your Perfect Match

Choosing a firearm for personal defense goes beyond comparing specifications and features; it’s about finding a gun that feels right in your hands and suits your lifestyle. The importance of physically handling and, if possible, shooting a concealed carry firearm before making a decision cannot be overstated. The way a gun fits in your hand, its recoil, the ease with which you can operate its controls, and your comfort level while shooting it are all critical factors that can only be fully appreciated through firsthand experience.

Visiting a local gun range that offers rental options for shooting various models can be an invaluable step in your selection process. Many ranges have a selection of popular concealed carry firearms available, allowing you to test how different guns perform and feel. This experience can significantly influence your decision, ensuring that you select a firearm that not only meets your defensive needs but also feels like a natural extension of yourself.

1. Glock 43X

The Glock 43X is a perfect blend of comfort and capability, offering a compact size without sacrificing grip or capacity. Designed for everyday carry, this model is a favorite among those who demand reliability and efficiency.

Specifications:

  • Caliber: 9mm Luger
  • Capacity: 10+1 rounds
  • Barrel Length: 3.41 inches
  • Overall Length: 6.50 inches
  • Weight (Unloaded): 18.70 oz
  • Slide Finish: nDLC (black)

Features:

  • Slimline Design: Ensures comfortable carry and concealment.
  • Precision-Milled Front Serrations: Enhance grip and ease of slide manipulation.
  • Built-in Beavertail: Improves grip and prevents slide bite.
  • Safe Action System: Provides a consistent and safe trigger pull.

2. Sig Sauer P365

The Sig Sauer P365 has revolutionized the compact carry category with its innovative design, providing unprecedented capacity in a small frame.

Specifications (Standard):

  • Caliber: 9mm Luger
  • Capacity: 10+1, 12+1 (with extended magazine)
  • Barrel Length: 3.1 inches
  • Overall Length: 5.8 inches
  • Weight (Unloaded): 17.8 oz

Features:

  • High-Capacity Micro-Compact: Offers a high round capacity in a small package.
  • XRAY3 Day/Night Sights: Allow for quick target acquisition.
  • Striker-Fired Design: Ensures a consistent trigger pull.

Specifications (P365 Macro):

  • Enhanced capacity and features for those seeking a bit more from the P365 line.

Features:

  • Optics-Ready Slide: For those who prefer red dot sights.
  • Extended Magazine Capacity: Offers more rounds without significant bulk.

3. Springfield Hellcat

The Springfield Hellcat is designed for those who refuse to compromise on capacity or concealability, boasting impressive features in a micro-compact frame.

Specifications:

  • Caliber: 9mm Luger
  • Capacity: 11+1 (flush fit mag), 13+1 (extended mag)
  • Barrel Length: 3 inches
  • Overall Length: 6 inches
  • Weight (Unloaded): 18.3 oz

Features:

  • Patent-Pending Capacity: High round capacity for its size.
  • Adaptive Grip Texture: Ensures the gun stays firmly in your hand.
  • Optical Sight Pistol (OSP): Ready for micro red dots.
  • Tactical Rack Rear Sight: For easy manipulation under stress.

4. Smith & Wesson M&P Shield 2.0

The Smith & Wesson M&P Shield 2.0 combines slim design with enhanced features for an exceptional carry experience.

Specifications:

  • Caliber: 9mm Luger
  • Capacity: 7+1, 8+1 rounds
  • Barrel Length: 3.1 inches
  • Overall Length: 6.1 inches
  • Weight (Unloaded): 18.3 oz

Features:

  • Improved Trigger: Offers a crisp, light pull.
  • Aggressive Grip Texture: For better control.
  • Armornite® Durable Corrosion Resistance Finish: Protects against wear and corrosion.
  • Easy to Rack Slide: Beneficial for all users.

5. Glock 19

The Glock 19 is a versatile choice, offering a compact frame that’s friendly for those with larger hands, without compromising on capacity or performance.

Specifications:

  • Caliber: 9mm Luger
  • Capacity: 15+1 rounds
  • Barrel Length: 4.02 inches
  • Overall Length: 7.36 inches
  • Weight (Unloaded): 23.63 oz

Features:

  • Compact Size: Ideal for concealed carry, especially for those with larger hands.
  • Versatile Use: Suitable for law enforcement, personal defense, and recreational shooting.
  • Reliable Performance: Known for its durability and dependability under various conditions.
  • Modular Back Strap System: Allows users to customize the grip size for their comfort.

In selecting your concealed carry gun, it’s crucial to weigh these specifications and features against your personal needs, comfort, and the scenarios in which you anticipate using your firearm. Each of these models offers a unique combination of advantages, ensuring that whether you prioritize size, capacity, or ergonomics, there’s an option that meets your criteria for personal defense.

In summary, while this guide aims to provide a comprehensive overview of top concealed carry options, it’s merely a starting point. The ideal concealed carry gun is one that aligns with your personal preferences, providing confidence and comfort in its use. Taking the time to personally test different firearms will ensure that your final choice is one you can rely on for protection, offering both peace of mind and effectiveness in personal defense.

Concealed Carry

Innocent vs. Aggressor: Deciphering Self-Defense Laws for Colorado Gun Owners and CHP Holders

A Deep Dive into the Legal Distinctions and Responsibilities under CRS 18-1-704

In the state of Colorado, the law provides clear guidelines on the use of physical force in self-defense situations. Understanding these laws is crucial for gun owners and Concealed Handgun Permit (CHP) holders, as they navigate situations where self-defense may be necessary. The distinction between the “innocent” and the “aggressor” in such scenarios is a foundational aspect of Colorado’s legal framework, specifically outlined in Colorado Revised Statutes (CRS) 18-1-704.

Innocent vs. Aggressor: Understanding the Legal Framework

At the heart of self-defense laws in Colorado is the principle that individuals have the right to defend themselves or others from imminent threats of unlawful physical force. However, this right is nuanced by the roles individuals play in a confrontation: the innocent party and the aggressor.

The innocent party is defined as an individual who does not provoke a confrontation and is justified in using physical force, including deadly physical force under certain conditions, to defend themselves or a third person. This use of force must be based on the reasonable belief of an imminent threat and must be proportional to the threat faced.

Conversely, the aggressor is identified as the individual who initiates a confrontation without provocation. The law is clear that an aggressor cannot claim self-defense if they are the ones instigating the violence. However, Colorado law also provides a path for an aggressor to regain their innocence. This occurs if the aggressor withdraws from the encounter and effectively communicates this intent to the other party. This withdrawal must be in good faith, not as a tactical maneuver, but with a genuine intent to de-escalate the situation.

The Fine Line of Self-Defense

CRS 18-1-704 meticulously outlines when and how physical force, including deadly force, may be legally used in self-defense. Deadly physical force is permissible only under the belief that lesser force would be inadequate and when facing imminent danger of being killed, receiving great bodily injury, or in the defense against certain violent crimes such as burglary, kidnapping, robbery, or sexual assault.

It’s important to note, however, that there are clear stipulations where the use of physical force is not justified:

  • If an individual, with intent to cause bodily injury or death, provokes the use of unlawful physical force by another.
  • If the individual using force is the initial aggressor, unless they have withdrawn from the encounter and communicated this intent.
  • If the confrontation is a mutual combat by agreement not specifically authorized by law.
  • If the use of physical force is motivated by the discovery of, knowledge about, or potential disclosure of the victim’s gender identity, gender expression, or sexual orientation.

Real-Life Scenarios: Navigating the Roles of Innocent Party and Aggressor

Road Rage Escalation

Bob, also a CHP holder in Colorado, finds himself in a heated road rage incident. The other driver, clearly irate, exits his vehicle at a stoplight and approaches Bob’s car, shouting threats and banging on the window. Bob, feeling threatened, steps out of his car and displays his firearm, warning the aggressor to back off. The aggressor stops, throws up his hands in a sign of surrender, and walks away. Bob does not pursue or further threaten the aggressor. In this instance, Bob maintains his status as the innocent party by not initiating the conflict and ceasing to use force once the threat is de-escalated.

Altercation at a Public Park

Claire, who legally carries her firearm for self-defense, witnesses an aggressive individual assaulting another park-goer without provocation. Acting in defense of the third party, Claire draws her firearm and commands the aggressor to stop. The aggressor notices Claire and decides to flee the scene, stopping the assault. Claire contacts law enforcement to report the incident. As a defender of a third party, Claire acts as an innocent party, intervening only to stop the imminent use of unlawful physical force.


Legal Implications for Gun Owners and CHP Holders

For gun owners and CHP holders in Colorado, these laws underscore the importance of understanding the legal boundaries and responsibilities that come with the right to carry and potentially use a firearm in self-defense. It is essential to recognize the significance of the roles of aggressor and innocent party in legal evaluations of self-defense claims.

Innocent parties must exercise restraint to ensure their actions remain within the legal definition of self-defense. A misunderstanding or misapplication of these laws not only can lead to legal consequences but also can escalate conflicts, leading to unnecessary violence or harm.

Conclusion

Colorado’s self-defense laws offer protection to those who find themselves in the unfortunate position of needing to defend themselves or others. However, these laws also demand a high level of responsibility, awareness, and de-escalation efforts to avoid unnecessary conflicts. For gun owners and CHP holders, understanding these legal nuances is not just about knowing your rights but also about fostering a community where the emphasis is on safety, responsibility, and legal compliance.


Legal Disclaimer

This article is intended for informational purposes only and does not constitute legal advice. The scenarios presented are hypothetical examples designed to illustrate the application of Colorado’s self-defense laws as per CRS 18-1-704. Laws and interpretations of those laws can vary significantly based on the specific facts of each case and can change over time. The information provided herein is not a substitute for the advice of a licensed attorney. Individuals seeking to understand their legal rights, obligations, or the nuances of self-defense law in Colorado or any other jurisdiction should consult with a qualified attorney. The authors and publishers of this article disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this article.