Colorado Use of Force and Self-Defense Laws

Colorado Use of Force Laws for Concealed Carry Holders

Use of Physical Force in Defense of a Person (C.R.S. § 18-1-704)

Colorado law authorizes the use of physical force in self-defense under the following framework:

Non-Deadly Physical Force (§ 18-1-704(1))

A person is justified in using physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person. The person may use a degree of force which he reasonably believes to be necessary for that purpose.

Deadly Physical Force (§ 18-1-704(2))

Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate AND one of the following conditions exists:

• (a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
• (b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary (§§ 18-4-202 to 18-4-204); or
• (c) The other person is committing or reasonably appears about to commit kidnapping (§ 18-3-301 or 18-3-302), robbery (§ 18-4-301 or 18-4-302), sexual assault (§ 18-3-402), or assault (§§ 18-3-202 and 18-3-203).

When Self-Defense is NOT Justified (§ 18-1-704(3))

A person is not justified in using physical force if:

• (a) With intent to cause bodily injury or death, the person provokes the use of unlawful physical force by the other person; or
• (b) The person is the initial aggressor - except that force becomes justifiable if the initial aggressor withdraws from the encounter and effectively communicates the intent to withdraw, but the other person nevertheless continues or threatens unlawful physical force; or
• (c) The physical force involved is the product of combat by agreement not specifically authorized by law; or
• (d) The use of force is based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation (added by SB 20-221, effective July 13, 2020).

No Duty to Retreat

Colorado follows the "no duty to retreat" doctrine. Under established case law and statutory interpretation:

• A person who is not the initial aggressor has no duty to retreat before using physical force, including deadly force, in self-defense.
• The Colorado Supreme Court in People v. Toler (No. 98SC858, September 11, 2000) held that "a person does not have to 'retreat to the wall' before using deadly force to defend himself, unless the person was the 'initial aggressor' in the encounter."
• The legislative comment to the original enactment of § 18-1-704 stated: "Subsection (2) omits the doctrine of 'retreat to the wall' which has never been the law in Colorado."
• In Idrogo v. People, 818 P.2d 752 (Colo. 1991), the Colorado Supreme Court confirmed that § 18-1-704(2) "contains no language reflecting any intention by the General Assembly to revive the doctrine of retreat."
• A person's right to self-defense is not dependent on location - even a trespasser retains the right to self-defense and is not required to retreat unless they are the initial aggressor (People v. Toler).

Make My Day Law / Use of Deadly Force Against an Intruder (C.R.S. § 18-1-704.5)

Colorado's "Make My Day" law provides strong protections for occupants of dwellings:

• (1) The General Assembly recognizes that citizens of Colorado have a right to expect absolute safety within their own homes.
• (2) Any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when:
  • That other person has made an unlawful entry into the dwelling; AND
  • The occupant has a reasonable belief that the intruder has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry; AND
  • The occupant reasonably believes the intruder might use any physical force, no matter how slight, against any occupant.
• (3) An occupant using force in accordance with this section is immune from criminal prosecution.
• (4) An occupant using force in accordance with this section is immune from any civil liability for injuries or death resulting from the use of such force.
• (5) "Dwelling" does not include any place of habitation in a detention facility (§ 18-8-211(4)).

Use of Physical Force in Defense of Premises (C.R.S. § 18-1-705)

A person in possession or control of any building, realty, or other premises, or a person licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent reasonably necessary to prevent or terminate what he reasonably believes to be an unlawful trespass.

• Deadly force may be used only:
  • In defense of himself or another as described in § 18-1-704; OR
  • When he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.

Use of Physical Force in Defense of Property (C.R.S. § 18-1-706)

A person is justified in using reasonable and appropriate physical force upon another person when and to the extent reasonably necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property.

• Deadly physical force may be used under these circumstances only in defense of himself or another as described in § 18-1-704.

Use of Force by Private Persons Effecting an Arrest (C.R.S. § 18-1-707(7))

A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent he reasonably believes it necessary to:

• Effect an arrest; or
• Prevent the escape from custody of an arrested person who has committed an offense in his presence.

However, a private person is justified in using deadly physical force only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

Key Definitions (C.R.S. § 18-1-901 and related statutes)

• Deadly physical force: Force, the intended, natural, and probable consequence of which is to produce death and which does, in fact, produce death.
• Serious bodily injury: Bodily injury that involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree (§ 18-1-901).
• Imminent: About to happen or likely to occur at any moment. Imminent does not mean immediate or instantaneous - an imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone.

Law Enforcement Use of Force Standards (C.R.S. § 18-1-707, as amended by SB 20-217)

SB 20-217 (Enhance Law Enforcement Integrity), effective September 1, 2020, established enhanced use of force standards for peace officers:

• Peace officers shall apply nonviolent means, when possible, before resorting to physical force (§ 18-1-707(1)).
• Physical force may be used only if nonviolent means would be ineffective in effecting an arrest, preventing an escape, or preventing an imminent threat of injury.
• Chokeholds are prohibited for peace officers (§ 18-1-707(2.5)).
• Officers must use only a degree of force consistent with the minimization of injury to others (§ 18-1-707(2)(b)).
• Deadly force to make an arrest is justified only when all other means of apprehension are unreasonable given the circumstances and specific conditions are met (§ 18-1-707(3)).
• Officers must identify themselves and give a clear verbal warning of intent to use deadly force with sufficient time for the warning to be observed, unless doing so would unduly place officers at risk (§ 18-1-707(4)).
• Officers have a duty to intervene when witnessing another officer use excessive force (§ 18-8-802).

Prone Restraint Policies (§ 18-1-707(2.7))

Effective July 1, 2025, all Colorado law enforcement agencies must adopt written policies and procedures concerning use of the prone position and prone restraint, including:

• When and how to request medical aid
• When to get medical clearance
• How and when to render appropriate medical aid
• How and when to transition a person from prone position to a recovery position

Training on these policies must be implemented by July 1, 2026.

Civil Liability Protections

• Under § 18-1-704.5 (Make My Day Law), occupants using justified force against intruders are immune from civil liability.
• Under C.R.S. § 13-80-119, there are limitations on civil suits against persons using physical force in defense of a person or to prevent the commission of a felony.

Important Notes for Concealed Carry Holders

1. Reasonableness standard: All use of force is judged by what a reasonable person would believe under the totality of the circumstances.
2. Proportionality: Deadly force is only justified when a lesser degree of force is believed to be inadequate.
3. No duty to retreat: Colorado does not require retreat before using force in self-defense, unless you are the initial aggressor.
4. Initial aggressor exception: If you provoke or initiate the confrontation, you must withdraw and communicate your withdrawal before claiming self-defense.
5. Defense of property alone: Deadly force is generally not justified solely to protect property - it must be in defense of a person.
6. Make My Day protections: Apply only within a dwelling and require an unlawful entry plus additional conditions.

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims. Rahimi, 602 U.S. ___ (2024), then applied Bruen to uphold the federal domestic-violence-restraining-order firearm prohibition at 18 U.S.C. § 922(g)(8), confirming that not every firearm disability fails Bruen's test. Practitioners advising on use of force or firearm-disability questions should be familiar with both cases.