Is It Legal to Fire Warning Shots in Colorado?

Why Firing a Warning Shot Is Illegal in Colorado

Short answer: No—firing warning shots in Colorado is almost always illegal and extremely risky from both a criminal and civil liability standpoint.

Colorado law does not recognize “warning shots” as a lawful or acceptable use of a firearm. Even if your intent is to scare someone away or de-escalate a situation, discharging a firearm without a legally justified reason can result in arrest, criminal charges, and long-term consequences.

What Is a “Warning Shot”?

A warning shot is any intentional discharge of a firearm not directed at stopping an imminent deadly threat, such as:

Firing into the air
Firing into the ground
Firing into a wall, berm, or “safe direction”
Firing near someone to intimidate or scare them away

From a legal standpoint, the phrase “warning shot” offers no protection. Courts and prosecutors analyze the act as a firearm discharge, not as a communication tactic.

Colorado Statute #1: Reckless Endangerment

CRS § 18-3-208

Under Colorado law, a person commits reckless endangerment if they:

Recklessly engage in conduct that creates a substantial risk of serious bodily injury to another person.

Why warning shots fit this statute

When you fire a round:

You cannot guarantee where the projectile ultimately goes
Bullets fired into the air must come down
Ground and hard-surface ricochets are unpredictable
You may not know who is beyond walls, vehicles, or structures

Because of this, prosecutors routinely argue that warning shots create a substantial and unjustifiable risk to bystanders—exactly what this statute is designed to address.

Colorado Statute #2: Prohibited Use of Weapons

CRS § 18-12-106(1)(b)

This statute makes it a crime to:

Recklessly or with criminal negligence discharge a firearm.

Why this statute is commonly charged

Even if no one is injured, the act of unsafe discharge itself can be enough:

Reckless: You consciously disregarded a known risk
Criminal negligence: You failed to perceive a risk you should have perceived

A claimed “warning shot” almost always satisfies one of those two standards.

Real Colorado Case: Warning Shot Led to Arrest (Aurora)

Colorado law enforcement has treated warning shots exactly as the statutes suggest.

In Aurora, Colorado, a man claiming to be a bounty hunter fired what he described as a warning shot during a confrontation. Police did not accept the explanation as lawful self-defense. Instead, the man was arrested, and the incident was investigated as a dangerous and reckless firearm discharge.

As reported by Denver7, Aurora police emphasized that:

Firing a warning shot is dangerous and puts innocent people at risk.

Despite the shooter’s stated intent to “warn,” officers focused on the risk created by firing the round, not the motivation behind it. The case reinforces a critical lesson: Colorado law judges actions, not intentions.

You can review the full Denver7 coverage of the Aurora incident directly on their website.

The Core Legal Problem With Warning Shots

Warning shots fail legally in both directions:

If deadly force is NOT justified:
You had no legal reason to fire the gun at all.
If deadly force IS justified:
A warning shot is unnecessary, tactically unsound, and legally questionable.

There is no recognized “middle ground” where firing a gun merely to scare someone is lawful.

Tactical and Safety Issues (Beyond the Law)

Even aside from criminal statutes, warning shots are dangerous because:

You lose control of the projectile’s final destination
You increase the risk of unintended injury or death
You may escalate the situation instead of stopping it
You invite “active shooter” calls and armed law-enforcement response
You create devastating civil liability exposure

From a training and liability perspective, warning shots are indefensible.

Bottom Line for CCW Holders and Armed Professionals

Colorado does not recognize warning shots as a lawful defensive option. Discharging a firearm without a justified use of deadly force exposes you to:

Arrest
Criminal charges
Permanent loss of firearm rights
Civil lawsuits
Career-ending consequences for armed professionals

If you are justified in using deadly force, your actions must be purpose-driven to stop the threat. If you are not justified, the firearm should never be discharged.

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

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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.