Short answer: Colorado does not recognize a statutory doctrine called “defensive display.” That does not mean displaying a firearm is automatically illegal. It means legality is determined by whether, under the totality of the circumstances, the person displaying the firearm was legally justified in using deadly force at the exact moment of display.

This article explains how Colorado actually evaluates firearm display, why intent matters, how AOJ (Ability, Opportunity, Jeopardy) fits into the analysis, and where otherwise lawful carriers expose themselves to felony charges.

Displaying a Firearm in Colorado: Self-Defense or Felony Menacing?

Colorado’s Legal Lens: Totality of the Circumstances

Colorado courts do not analyze firearm display in isolation. They evaluate the totality of the circumstances, meaning everything occurring before, during, and immediately after the incident, including:

• Actions and words of both parties
• Distance, movement, and positioning
• Escalation or de-escalation attempts
• Whether the threat was imminent
• Whether a reasonable person would believe deadly force was immediately necessary

No single fact controls the outcome. The analysis asks whether the entire situation, viewed objectively, justified deadly force at the moment the firearm was displayed.

The “Moment of Display” Rule (Timing Controls Everything)

Justification is frozen in time.

• Legality is evaluated at the exact moment the firearm is displayed
• A later de-escalation does not retroactively legalize an unjustified display
• A later escalation does not justify an earlier display
• What matters is what a reasonable person would believe right then

This timing principle is central to Colorado self-defense law under Colorado Revised Statutes § 18-1-704.

Felony Menacing: Intent Is the Critical Element

Under Colorado Revised Statutes § 18-3-206, menacing becomes a felony when a firearm is used with the intent to place another person in fear of imminent serious bodily injury (SBI).

Intent is rarely proven by admissions. It is inferred from conduct, evaluated under the totality of the circumstances.

Three Actions That Strongly Establish Intent

These behaviors are repeatedly relied on to infer intent in firearm menacing cases:

1. Drawing or partially drawing a firearm to intimidate
   Breaking retention, clearing a holster, or presenting a firearm when deadly force is not justified.
2. Deliberately exposing a firearm during a confrontation
   Intentionally lifting clothing or revealing a firearm to influence behavior. This is distinct from accidental exposure or printing.
3. Gripping, touching, or manipulating a firearm while issuing commands or threats
   Combining verbal confrontation with firearm-related gestures links words to the threat of SBI.

If deadly force was not justified at that moment, these actions strongly support felony menacing.

Verbalization Matters: Words Can Prove Intent

Investigators and prosecutors evaluate what you say alongside what you do.

• Defensive language (“Stop,” “Don’t come closer”) supports defensive intent
• Threatening language (“I’ll shoot you,” “Back up or else”) supports menacing intent
• Emotional or retaliatory statements are frequently cited as evidence of intent
• Silence is often safer than verbal threats

Intent is inferred from words and actions together.

AOJ: Ability, Opportunity, and Jeopardy

Colorado statutes do not use the acronym “AOJ,” but courts routinely evaluate these concepts when determining whether deadly force—and therefore firearm display—was justified.

For firearm display to be legally defensible, all three elements must reasonably exist at the moment of display.

Ability

Does the person have the means to cause serious bodily injury or death?

• Weapons (firearm, knife, blunt object)
• Disparity of force (size, strength, numbers)
• Environmental factors increasing lethality

Opportunity

Does the person have the immediate capability to use that ability?

• Distance and closing movement
• Barriers or lack thereof
• Positioning and angles

A person may have ability without opportunity.

Jeopardy

Are the person’s actions placing you in reasonable fear of imminent SBI or death?

• Advancing or aggressive movement
• Threatening behavior or posturing
• Verbal threats combined with conduct
• Refusal to disengage

Jeopardy is based on behavior, not speculation.

Why AOJ Matters for Firearm Display

AOJ explains why a firearm may be lawfully displayed before physical contact occurs—but only when Ability, Opportunity, and Jeopardy are all present simultaneously.

If any element is missing, prosecutors may argue:

• Deadly force was not justified
• Firearm display was not justified
• Intent to cause fear can be inferred

Tactical Reality vs. Legal Authorization

Both of the following can be true at the same time:

• Displaying a firearm can de-escalate or stop an attacker
• Colorado law does not authorize display unless deadly force was justified

Courts do not evaluate whether the display “worked.” They evaluate authority and intent at the moment of display.

Common Myths (Addressed Directly)

• “Brandishing is a lesser offense.” False. Firearm menacing is often a felony.
• “If it stopped the attack, it must be legal.” False. Outcome does not control legality.
• “Intent requires verbal threats.” False. Intent is inferred from conduct.
• “Colorado recognizes defensive display.” False. No such statute exists.

Open Carry vs. Concealed Carry: No Legal Shortcut

Open carry does not change the analysis.

• Intent can still be inferred from behavior
• Touching or gesturing toward an openly carried firearm to influence behavior can still be menacing
• Visibility does not equal authorization

The same deadly-force standard applies.

Instructor Rule (Clear and Repeatable)

If you are not legally justified in using deadly force at that moment, you are not legally justified in displaying a firearm—even if the display successfully de-escalates the situation.

Q&A: Defensive Display in Colorado

Q: Is defensive display legal in Colorado?
A: There is no statute authorizing defensive display. Firearm presentation is evaluated under self-defense and menacing law.

Q: Can I show my firearm to scare someone away?
A: If deadly force was not justified at that moment, intentionally displaying a firearm to cause fear can constitute felony menacing.

Q: What if the attacker disengages when I display the firearm?
A: De-escalation does not retroactively legalize the display.

Q: Does accidental exposure count as menacing?
A: Accidental exposure alone generally does not establish intent. Intentional exposure during a confrontation is different.

Q: Can AOJ justify drawing without firing?
A: Only if Ability, Opportunity, and Jeopardy all existed at the moment of display and deadly force would have been justified.

Q: Is open carry safer legally than concealed carry?
A: No. The same standards apply.

Bottom Line

• Colorado does not recognize “defensive display” as a legal doctrine
• Courts evaluate the totality of the circumstances, not outcomes
• Felony menacing requires intent to cause fear of imminent SBI under CRS § 18-3-206
• Firearm display is legally protected only when deadly force would have been justified at that moment

This is why disciplined concealment, decision-making, and training are critical for Colorado carriers.

Colorado Concealed Handgun Permit (CHP) Class

If you live in Colorado and are applying for a Concealed Handgun Permit (CHP), state law requires completion of a qualifying training course taught by a verified instructor. Our Colorado CHP classes meet current statutory requirements and include legal instruction, firearms safety, and required certification documentation.
View upcoming Colorado CHP classes and sign up here: Colorado Concealed Handgun Permit Class

Self-Defense Insurance

Even a lawful act of self-defense can trigger criminal investigations, civil lawsuits, and significant legal costs. Many CCW holders evaluate self-defense insurance or legal protection plans to help manage those risks—coverage varies by provider and state, so understanding the differences matters.
Learn more and compare options here: Self-Defense Insurance Comparison

Other Related Articles:

• Do I Need Self Defense Insurance?
• Can You Carry A Firearm In Your Car In Colorado?
• Can You Carry A Firearm In Boulder?
• Can You Open Carry In Denver?
• Do No Gun Signs Hold Legal Weight?
• How To Get Your Colorado CCW
• Prohibited Area’s To Carry A CCW In Colorado
• Is Colorado An Open Carry State?
• How Long Does It Take To Get Your CCW In Colorado?
• Can You Carry a Firearm at Work With a CCW Permit?

Legal Disclaimer:
This information is provided for educational purposes only and does not constitute legal advice. Firearm laws can change, and local, state, federal, tribal, and municipal regulations may vary. Always verify current laws and consult a qualified attorney before carrying a firearm or making legal decisions related to self-defense. US Firearms Training Academy assumes no liability for actions taken based on this content.