What to do in this situation?

[Ronin13]

So I work in insurance but we rarely do life insurance. Well a customer wanted life coverage and checked the box "Do you have any felonies, misdemeanors, or have been on parole/probation?" and proceeded to tell a story about how some people had trespassed on his family's land and a "large man with one eye and a hooked hand" (I wish I could make this up!) came at him and he pointed an unloaded firearm at the man. He didn't specify the type but I'm sure that didn't matter. He was later charged with felony menacing and the DA dropped it to criminal mischief. I scratch my head at this one because it clearly states in Colorado gun law that you should never be "forced to back up against a wall." As a CCW holder, if some guy two, even three times my size comes at me and I feel threatened I will probably either show I'm carrying or draw on him. But now with this story I'm kinda weary, I don't want to protect myself and then get charged with a crime because I felt in danger. What happens if you're beyond saying to a threatening individual "I have a gun, please back off"? I thought your rights protected you from prosecution if you feel threatened.

[gnihcraes]

Can you clearly run and get away or attempt to get somewhere else. Are they swinging an hatchet at you? pointing a gun at you?

So many variables, hard to say what is right or wrong until you're in the situation. Its been discussed here many times, check out the Concealed Carry part of this forum.

[GunsRBadMMMMKay]

Talk is talk.....let them run out their hot air and blow away. If it becomes a threat deal with it. I'd never let someone hurt an innocent (or family LOL), but I'm not about to do time over someone else's ego either. Just my 2 cents.

[Irving]

Telling someone you have a gun can technically be construed as felony menacing with a deadly weapon.

This is kind of a dichotomous answer, but you should spend some serious time considering different situations you may get into, but at the same time, don't lose sleep over it. If you are in a serious situation where you feel your life is threatened and you are able to de-elevate the situation by some how using your gun without shooting it, the perp is not real likely to be pressing charges against you.

[Ronin13]

Just want a little clarity since I keep hearing contradicting "opinions" on this subject... is it actually legal to carry concealed in the city of Denver? I know it's not legal to open carry in Denver, but everywhere else (except Boulder?) it's fine. I don't open carry anyway so not a huge deal, but the last thing I'd want is to be walking out of a movie on 16th Street Mall and have something like an accidental imprint happen while a DPD officer is looking my direction and arrest me. I looked around here and can't really find a true definitive answer.
Also, back to the topic at hand, I know well enough the consequences of drawing a firearm, and am confident in my judgement and abilities/training that it would be a damn good reason, but so many times there are stories of honest, law-abiding gun owners getting into hot water for doing the right thing. I'll bet Thomas Jefferson would puke if he saw how some of these cases were treated.

[Irving]

You can conceal in Denver. I've never been "made" though, so I can't tell you from first hand experience. There are other places that you can't open carry as well. Some mountain resort town. Vail, or Aspen, one of those.

[Ronin13]

Cool, thanks Irv... Like I said, I don't open carry anyway, especially since I met a guy at a shooting range who had the cops called on him because he was wearing a thigh holster while walking to his car out of his own house on his way up to Harris park to go shoot. And that is why man invented the gun case.

[Irving]

I knew a guy who got thrown onto the back of his car with guns pointed at his head after he walked into a Subway with an empty holster after a range day. That was like 12 years ago though.

[Ronin13]

Why can't America be like that one movie with Sandra Bullock and William Shatner? "This is Texas, everyone carries a gun!"

[KevDen2005]

Do what you have to do to protect yourself....get a lawyer...take it to jury trial and don't take a plea the DA might be offering unless it's to drop the charges.

But worry about the aftermath after you are safe.

[TFOGGER]

Just want a little clarity since I keep hearing contradicting "opinions" on this subject... is it actually legal to carry concealed in the city of Denver? I know it's not legal to open carry in Denver, but everywhere else (except Boulder?) it's fine. I don't open carry anyway so not a huge deal, but the last thing I'd want is to be walking out of a movie on 16th Street Mall and have something like an accidental imprint happen while a DPD officer is looking my direction and arrest me. I looked around here and can't really find a true definitive answer.
Also, back to the topic at hand, I know well enough the consequences of drawing a firearm, and am confident in my judgement and abilities/training that it would be a damn good reason, but so many times there are stories of honest, law-abiding gun owners getting into hot water for doing the right thing. I'll bet Thomas Jefferson would puke if he saw how some of these cases were treated.

Concealed carry is a matter of statewide concern (CRS 18-12-201 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=7eb03db3.25b2fd0f.0.0&q=%5BGroup%20%2718-12-201%27%5D)), so Denver and other municipalities are barred from regulating concealed carry. Denver, Breckenridge, and a handful of others regulate open carry to varying degrees. If you're not otherwise being an ass, most officers in these jurisdictions will not hassle you for accidentally "printing", although they DO have the option to do so. As a rule, cops and other CCW holders are the only ones that will notice a brief print, the rest of the sheeple wouldn't notice a bazooka over your shoulder if it was covered with a raincoat...

While your DD214 and range cards will suffice as training to apply for your CHP, you might want to go ahead and take a decent civilian CCW class, if for no other reason than to familiarize yourself with the applicable laws. It's much easier to be successful at the game if you know the rules beforehand. [Beer]

[Ronin13]

While your DD214 and range cards will suffice as training to apply for your CHP, you might want to go ahead and take a decent civilian CCW class, if for no other reason than to familiarize yourself with the applicable laws. It's much easier to be successful at the game if you know the rules beforehand. [Beer]
A few steps ahead of you there, soon as I can afford it (after my small mountain of bills are paid up) I'm getting my NRA Basic Pistol Instructor Certification- so I can teach the CCW class... already have my CCW, and all it took was a DD214, no range card, no proof that I have even used a pistol (although I've shot pistols for years before I was in the service and then got pistol qual while in). Funny how LEOs have to qualify multiple times a year to make sure they're up on accuracy and what not, but the common CCW holder can be a horrid shot and no one really cares until they actually draw down. Luckily most I know shoot 3x more than your average cop or military member.

[rbeau30]

I have a story much much like the OP.

First let me explain that I wasn't carrying at the time... I was doing yard work, and in my front yard, I don't generally carry when I am doing yard work due to heavy lifting, power tools, and various snag factors.

It is a long story, but here is a bit of background. My GF and her ex husband exchange children in front of the police station for a reason. And She had been staying with me at the time, so her ex was informed by legal means (divorce proceedings) that I did not want him at my house, and the exchange was to be made at the police station.

For some reason he was late, and after a half hour of sitting at the police station we had to leave. She informed him to let her know when he was at the station and she would drive over there to get the kids. Another half hour goes by, and as I was trimming some bushes in front of my house, I looked up and saw his car parked two houses down. The kids got out of the car and went up to the house.

I then stood up and looked at him (still in my front yard) and watched intently as he drove up to in front of my house to do a U-Turn. I backed up as I did not know what was going to happen (he mashed his throttle). Words were exchanged as he did his u-turn, I told him he was not welcome here... a few f-bombs were exchanged following that, and he then sped off.

Little did I know that apparently he went to the police and said I pulled a gun on him.

Then follows the worst year of my life. Due to inconsistencies in his story during the initial interview/report filing, and the fact that I am in the military, and that I have a childhood friend as a cop I was not arrested luckily.

However, I was still charged with Menacing, and Illegal Display of a Firearm by a detective, got my permit suspended [Rant1] . Had to go through the process of defending my self and all that. I was able to prove that I did not have a gun at the time, but the Menacing charge stuck because "he felt scared". Not to mention this guy is in his car, driving towards me, quite literally twice the size of me. And he did not get charged with filing a false report. Plus I was on my property! (I know the make my day law does not extend to your front yard.)

I guess the reason why I am posting this is that there are laws that are "catch all's" and they can get you for almost anything. Having an arguement you can get hemmed up for stuff like menacing even though you don't have a weapon.

Looking back I should probably just have walked in the house and let the issue blow over, but yeah. Now I know.

I guess this experience will cause me to only pull my weapon if I fully believe that I am in imminent danger and I have to put them down. This experience also leads me to believe that if I had a gun on me they could have gotten me with a felony. So I personally think that letting someone know you have a gun and "please stop I have a gun" is real close to the definition of Felony Menacing, and if you have time to tell them that, deadly force is not warranted.

[legaleagle]

good points all - carrying requires a certain level of konwledge and understanding of the law. What is interesting, if you tell someone you have a gun, you may be the one who is excalating the incident to deadly force and thus the other guy, the bad guy, know has the claim of self defense. You can meet deadly force with deadly force. This means deadly force must ve presented to you first. There are threads discussing what is deadly force. If in doubt, read the statutes. If you are still in doubt get some training, from a knowledgeable instructor or from a lawyer. The couple hundered you spend will be cheap in comparison to what it costs to defent yourself and clear your good name.

Whem I teach the legal portion of classes I focus quite a bit on this issue, as it is so important to understand. It really helps most people analyze hypothetical situations to make better choices. - read my tag line --> it is some of the best advice I got and also give.

[Zundfolge]

Why can't America be like that one movie with Sandra Bullock and William Shatner? "This is Texas, everyone carries a gun!"

Actually open carry is illegal in Texas (and Concealed Carry is much more restricted).

Colorado is significantly more gun friendly than Texas (even with the silliness in Denver).

[Cbrown]

If you feel threatened enough that you need your weapon, don't waste time trying to let someone know you have one. Draw it, and use it if you have to. Almost nobody wants to use a weapon but losing the precious seconds to warn someone makes no sense in a real situation. As the saying goes...."I'd rather be tried by twelve than carried by six." So if you are truly feeling threatened, exercise the right to protect yourself and let the rest come out in the wash. Also, having prepaid legal is a nice insurance policy....

[Ronin13]

If you feel threatened enough that you need your weapon, don't waste time trying to let someone know you have one. Draw it, and use it if you have to. Almost nobody wants to use a weapon but losing the precious seconds to warn someone makes no sense in a real situation. As the saying goes...."I'd rather be tried by twelve than carried by six." So if you are truly feeling threatened, exercise the right to protect yourself and let the rest come out in the wash. Also, having prepaid legal is a nice insurance policy....

Good point, I thought about it some more and probably would have to just use the Secret Service method: The only time you pull your weapon is to use it. I won't warn and if the situation becomes bad enough then I'll use. Also, the whole brandishing/menacing issue, another thread someone posted this:
http://www.havegunwilltraincolorado.com/brandishing-in-colorado/
The best advice, be the 1st one to call 911 so you don't have to be on the defensive. But sometimes, like in rbeau30's case, you really have no idea that they intend to call the police and you kinda get screwed and do the whole your word against theirs routine. It's BS that it can be real easy for the law-abiding, 2nd loving gun owners to be hung out to dry, but if I ever had to draw down on someone I would rather be tried by 12 than carried by 6.

[Byte Stryke]

but if I ever had to draw down on someone I would rather be tried by 12 than carried by 6.

2 shots, 1 side of the story

[Ronin13]

2 shots, 1 side of the story

I like what our master gunner said when I was in the Army: "Hearts and minds people, hearts and minds... 2 to the heart, one to the mind."