Brandishing in Colorado
Brandishing in Colorado: When Displaying a Gun Can Get You Charged
People use the word brandishing all the time, but Colorado does not commonly use a stand-alone criminal statute called “brandishing.” That does not mean you are safe just because the word is missing from the statute book.
In Colorado, displaying or presenting a firearm during a confrontation can lead to charges such as disorderly conduct or menacing, depending on what happened, how it happened, and how the other person perceived the threat.
The simple version: if you draw or display a handgun to scare, intimidate, or control somebody, you may be stepping into criminal territory very fast.
Is Brandishing Illegal in Colorado?
Colorado does not generally label the offense as “brandishing” the way some other states do. Instead, prosecutors usually look at other statutes that may fit the conduct.
Two of the big ones are:
- Disorderly conduct
- Menacing
That means the real question is not whether Colorado has a statute named “brandishing.” The real question is this:
What did you do with the gun? Why did you do it, and would the facts support a criminal charge?
Colorado Disorderly Conduct and Displaying a Firearm
Under Colorado law, disorderly conduct can apply when a person who is not a peace officer displays a real or simulated firearm in a public place in a manner calculated to alarm and does alarm another person.
That matters because some people assume they are in the clear as long as they did not point the gun directly at anybody. That is a bad assumption.
If you display a firearm in public to alarm somebody, that alone may be enough to create a criminal problem.
Colorado Menacing and Firearms
Menacing is even more serious. In Colorado, a person commits menacing if, by threat or physical action, they knowingly place or attempt to place another person in fear of imminent serious bodily injury.
When a firearm or even a simulated firearm is involved, the charge can move into felony territory.
This is where many armed citizens get themselves into trouble. They think:
- “I only showed the gun.”
- “I never fired.”
- “I did not point it directly at him.”
Those facts do not automatically save you. If your actions caused fear of imminent serious bodily injury, prosecutors may look hard at menacing.
If You Draw Your Gun, You Had Better Be Able to Explain Why
A defensive handgun is not a magic intimidation tool. It is not there to win arguments, stop rude behavior, or help you “take control” of a tense situation.
If you draw a firearm in a confrontation, you should expect your actions to be judged afterward by law enforcement, prosecutors, witnesses, cameras, and the totality of the circumstances.
That means you need to be able to clearly articulate:
- What threat you faced
- Why you believed the threat was immediate
- Why displaying or drawing the firearm was necessary
- Why your actions were reasonable under the circumstances
Bad Draws Get Good People Charged
One of the biggest training failures in the gun world is teaching people how to carry without teaching them when they can legally present the gun.
That is how people end up charged over ego, panic, road rage, parking lot arguments, and foolish attempts to “warn” somebody by flashing a pistol.
If the facts do not support lawful self-defense, drawing the gun may become the crime.
What About Self-Defense?
There are situations where presenting or using a firearm may be legally justified. But that depends on the facts, not on internet talk, barbershop legal advice, or what your buddy says he would do.
Colorado self-defense cases turn on details. Timing, distance, words, actions, disparity of force, ability to retreat tactically, witness statements, and whether the danger was truly immediate all matter.
That is why serious gun owners need serious training, not fantasy talk.
Bottom Line on Brandishing in Colorado
Colorado may not use the word “brandishing” as a stand-alone criminal label, but displaying a firearm in the wrong way can still get you arrested.
If you alarm others in public, you may be looking at disorderly conduct. If your threat or actions place someone in fear of imminent serious bodily injury, you may be looking at menacing.
Do not draw your firearm to bluff. Do not display it to win an argument. Do not assume “I never fired” means “I did nothing wrong.”
The armed citizen’s job is to stay alive, stay legal, and make decisions they can justify afterward.
Get Training on the Use of Force and Colorado Gun Law
If you want practical training on Colorado gun law, defensive decision-making, and when the display or use of a firearm may become a legal disaster, check out my training programs at Have Gun Will Train Colorado.
Brandishing in Colorado – FAQ
Is brandishing a crime in Colorado?
No. Colorado does not have a specific “brandishing” statute. However, displaying a firearm can lead to charges such as disorderly conduct or menacing, depending on the situation.
Can you show a gun without pointing it in Colorado?
Possibly, but it depends on context. If displaying the firearm alarms another person or is used to intimidate, it may qualify as disorderly conduct or even menacing.
What is the difference between brandishing and menacing in Colorado?
“Brandishing” is a general term. Menacing is a specific crime involving placing someone in fear of imminent serious bodily injury. If a firearm is involved, menacing can become a felony.
Can drawing a gun during an argument get you arrested?
Yes. Drawing a firearm to intimidate or control a situation without legal justification can result in criminal charges in Colorado.
Is displaying a firearm in self-defense always legal?
No. It must be justified under Colorado self-defense law. If the threat is not immediate and serious, displaying the firearm may be unlawful.
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Disclaimer: This page is for educational purposes only and is not legal advice. For legal advice on a specific incident, consult a qualified Colorado attorney
