What Is Felony Menacing in Colorado? (And Why People Call It “Brandishing”)

Colorado does not have a crime called brandishing. What people commonly refer to as “brandishing a firearm” is almost always charged under menacing, and when a firearm is involved, it can quickly become a felony.

Understanding the difference between misdemeanor menacing, felony menacing, and lawful firearm exposure is critical for anyone who carries a firearm in Colorado.

The Statute: Colorado Menacing Law (CRS § 18-3-206)

Menacing is defined under Colorado Revised Statute § 18-3-206.

A person commits menacing if they:

“By any threat or physical action, knowingly place or attempt to place another person in fear of imminent serious bodily injury.”

The charge level depends on how that fear is created.

Misdemeanor Menacing vs Felony Menacing

Misdemeanor Menacing (Class 3 Misdemeanor)

Menacing is typically a misdemeanor when:

No deadly weapon is involved, or
The threat is verbal or physical without a firearm or deadly weapon

Examples:

Raising a fist and threatening harm
Verbally threatening serious injury without displaying a weapon

Felony Menacing (Class 5 Felony)

Menacing becomes a felony when:

A firearm is used, displayed, or implied, or
A deadly weapon is used or simulated

This is where most CCW holders get into trouble.

A firearm does not have to be fired.
A firearm does not even have to be pointed directly at someone.

The question is whether your actions were intended to place someone in fear of imminent serious bodily injury.

Why People Call It “Brandishing” (But Colorado Doesn’t)

“Brandishing” is a term used in other states, but Colorado law does not recognize brandishing as a separate offense.

In Colorado:

“Brandishing” = Menacing analysis
Prosecutors charge menacing, not brandishing
Courts analyze intent + circumstances

Using the term “brandishing” casually is dangerous because it understates the seriousness of what could be charged as a felony.

The Intent Factor: This Is Where Cases Are Won or Lost

Menacing is an intent-based crime.

The prosecution must show that the firearm was displayed or used with the intent to:

Intimidate
Scare
Threaten
Posture

If the intent is to create fear, you are squarely in menacing territory.

Intent DOES NOT require:

Saying anything
Pulling the trigger
Making contact
Even pointing the firearm directly at someone

Intent is inferred from actions, body language, words, and the totality of the circumstances.

Accidental or Incidental Firearm Exposure Is Different

Not every visible firearm is illegal.

Examples of non-criminal exposure may include:

Your concealed firearm briefly printing or becoming visible
A jacket lifting while bending or reaching
A holstered firearm visible during lawful movement
A firearm unintentionally exposed without threatening conduct

Key difference:
There is no intent to intimidate or threaten.

Intent is what separates:

Lawful carry
from
Criminal menacing

Real-Life Example: When It Becomes a Crime

Unlawful (Menacing)

You are in a verbal argument in a parking lot.
You lift your shirt to show your firearm, place your hand on the grip, or say something like:

“You don’t want this”
“Back up”
“I’m armed”

Even without drawing the firearm, this can be charged as felony menacing, because the display was intended to intimidate.

Lawful (Potentially)

You are lawfully carrying.
Someone notices your firearm due to momentary exposure.
You do not touch the firearm, make threats, posture, or attempt to intimidate.

This alone is not automatically a crime.

However, whether it remains lawful depends heavily on:

Witness statements
Video evidence
The District Attorney’s interpretation

“Defensive Display” in Colorado: A Dangerous Gray Area

Some states explicitly allow a defensive display of a firearm.
Colorado does not.

There is:

No CRS that explicitly authorizes defensive display
No controlling case law that clearly protects it

That means any firearm display is evaluated under:

Menacing law
Use-of-force principles
The totality of the circumstances

Whether you are charged depends on:

The responding officers
The District Attorney
The facts as they are perceived and documented

This is why relying on “I was just warning them” is legally risky.

Felony Menacing & “Brandishing” in Colorado – Q&A

Is “brandishing” a crime in Colorado?

No. Colorado does not have a statute called brandishing. What people commonly call brandishing is typically charged as menacing under CRS § 18-3-206, and if a firearm is involved, it may be charged as a felony.

When does menacing become a felony in Colorado?

Menacing becomes a Class 5 felony when a firearm or deadly weapon is used, displayed, or implied in a way intended to place someone in fear of imminent serious bodily injury.

Do you have to point the firearm at someone to be charged with felony menacing?

No. A firearm does not have to be pointed or fired. Displaying it, placing a hand on it, or implying its use can be enough if done with intent to intimidate or threaten.

Is accidentally exposing a firearm considered menacing?

Not by itself. Accidental or incidental exposure—such as printing, a jacket lifting, or brief visibility—without threatening conduct or intent is generally not menacing. Intent is the key factor.

Does Colorado allow a “defensive display” of a firearm?

Colorado law does not explicitly recognize or protect defensive display. There is no statute or controlling case law that clearly authorizes it. Whether a display is lawful depends on the totality of the circumstances and prosecutorial discretion.

Can saying nothing still lead to a menacing charge?

Yes. Menacing does not require verbal threats. Body language, gestures, posture, and actions alone can establish intent.

What intent makes firearm display illegal in Colorado?

If the firearm is displayed with intent to intimidate, scare, threaten, or posture, it may be unlawful. Intent is inferred from conduct, not just stated purpose.

Can menacing be charged even if no one is hurt?

Yes. Menacing is about placing someone in fear, not causing physical injury. No injury is required for the charge.

Who decides whether firearm display is criminal?

Ultimately, the District Attorney decides whether to file charges, based on police reports, witness statements, video evidence, and the perceived intent behind the conduct.

Bottom Line for CCW Holders and Armed Professionals

Colorado does not recognize “brandishing” as a separate offense
Displaying a firearm with intent to intimidate can be felony menacing
Accidental exposure without intent is not automatically illegal
“Defensive display” is not clearly protected under Colorado law
Everything depends on intent, conduct, and totality of circumstances

This is why restraint, articulation, and training matter.

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.
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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

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.