Who knows the laws?

[Doubleajaybrock]

A friend said that if you point your loaded firearm at someone (in a self defense situation obviously) that you can be charged with a Felony Menacing? How could this be true if your trying to defend your self?

[Ronin13]

A friend said that if you point your loaded firearm at someone (in a self defense situation obviously) that you can be charged with a Felony Menacing? How could this be true if your trying to defend your self?

If you point a gun at someone, they 'can' file charges against you for felony menacing, even if you do so in self defense. Best you can do is afterward, when the situation is calm, call 911 and report it, let them know you had reasonable grounds to draw and they will have a record of it. Otherwise if you let them call the cops on you you already begin on the defensive. Best to be the good citizen and call first, that way you're the victim/complainant.

[275RLTW]

18-1-702. Choice of evils.

(1) Unless inconsistent with other provisions of sections 18-1-703 to 18-1-707, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

Source: L. 71: R&RE, p. 407, § 1. C.R.S. 1963: § 40-1-802.

[OneGuy67]

18-3-206 Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

An unloaded firearm is a deadly weapon. People v. Lahr, 200 Colo. 425, 615 P.2d 707 (1980).

[Bailey Guns]

It's pretty much gonna boil down to who's story is more credible and supported by any evidence (such as witness testimony, etc...).

Sure, you could justifiably draw and aim your gun at someone and still be charged with menacing. It's all going to depend on how the differing sides present their version of events, who's story is supported by any available evidence and who is more credible.

Wouldn't be the first time an innocent person was charged. Sometimes life isn't fair.

[Ronin13]

It's pretty much gonna boil down to who's story is more credible and supported by any evidence (such as witness testimony, etc...).

Sure, you could justifiably draw and aim your gun at someone and still be charged with menacing. It's all going to depend on how the differing sides present their version of events, who's story is supported by any available evidence and who is more credible.

Wouldn't be the first time an innocent person was charged. Sometimes life isn't fair.

Hence why I say be the first to call the cops, you seem to always be in a better position legally if you're the victim/complainant.

[Ranger]

Anymore you probably need to mount a camera on your weapon so that any time you have to draw it, the entire thing is recorded. Hell, for that matter, always wear a hat that has a camera in it that records everything you do. So many people sue for any reason whatsoever and it's nearly impossible to stay out of the mud for just about anything these days.

[275RLTW]

simple answer...

If the situitation falls under the provicions is CRS 18-1-701/702/704/704.5/705/706 then you are covered under choice of evils (18-1-702).

If not, then you are menacing.

[legaleagle]

Remember you are talking about self-DEFENSE and establishing justification. Defending yourself is an affirmative defense to avoid criminal charges. As such, you must engage in what would otherwise be considered a criminal act, but you were justified in self defense to protect yourself in responding to a deadly threat.

You can meet deadly force against yourself with deadly force. You can raise your level of response to the level of the threat, but you cannot exceed it. For example, as a general rule of law, you cannot defend your property with deadly force, because the force against your property is not asserted against you. The Make My Day Law changes that because it presumes and deems any intruder in your home to be there to cause you or your family harm, not just your property.

The short of it is that you can be charged with felony menacing, but if you respond to a threat of deadly force against you, then you have the ability to assert the justification of self defense to avoid the criminal charges. Howevr, if you escalate the threat to deadly force before your aggressor does, then you can be the one facing the criminal charges and your aggressor would in theory have the ability to respond in self defense.

Hope this helps.

[COLOSHOOTR]

Everyone here has given you info that is spot on. You can be changed with Felony Menacing and or Flourishing a Weapon even when acting in self defense just like you CAN be charged with Murder of you shoot them. It is an affirmative defense act in self defense when yourself or another is facing imminent death or serious bodily injury therefore making your violation non criminal in nature. Even if you act in self defense you could technically still end up arrested and having to go to court to prove to acted in self defense. Therefore, the moral of the story is be sure you are acting within the law before deploying your weapon. If you pull it on some guy running up to your car after a road rage incident and he's not putting you at imminent risk of SBI or death you just menaced him no matter how much he screams and how scary he is. Even him threatening to kill you is not enough to pull out your weapon unless you can prove he has the means to carry out the threat. We could go on forever with the what if situations but that covers the basics of it.

On the other hand if you do deploy your firearm in fear for your life I really don't think the bad guy is going to go call the police so he can likely get arrested for a Felony. That in mind it's still a good idea to call and report the incident ASAP just to CYA.