Originally Posted By: Pete
If you display a deadly weapon, esp. a gun or a knife, the police call this "brandishing".

Yes, you do not want to "brandish" a weapon (waving it around in the air, etc.) You want to "menace" with it. Which is perfectly OK if you are being assaulted and are defending yourself. Don't point you gun in the air, and for sure don't fire a warning shot (that is "negligence"). Aiming "to wound" can get you roasted for assault, even if it was you who were initially attacked - what might be said is that "So you're saying, Mr. victim, that the situation was not bad enough for you to defend yourself, so you only shot for the leg?" You don't want that. Instead draw it and take it to the "low ready" position. If the assailant advances, raise the gun to a nice center-mass aimed position and activate the laser if so equipped. This would be called "menacing" if you initiated the encounter. However, if you are responding to a serious assault against you, it is fine. NOTE: I am talking about Colorado law here - check with an attorney about your particular state laws, which may be different. Once the threat leaves, call the police immediately and report what happened with a brief to-the-point description. Don't ramble on. You want to say something like "I was accosted by a man with a knife demanding my wallet. I drew my firearm in self defense. He ran away. I was the victim. I will cooperate with your investigation after I have spoken with my lawyer." Then shut up and wait for the police to arrive. Say nothing more than you have already said. What you DON'T want to happen is for your assailant to call the police FIRST, and report that you pulled a gun on him out of the blue and he ran away in fear of his life.

One important point to remember, "Anything you say can and will be used AGAINST you." What they don't mention in reading you your rights is that nothing you say can be used FOR you. That is called "hearsay" and won't be allowed in court. There are a few limited exceptions to this, but they are very limited (called "spontaneous emotional utterances" - something like that - I forgot exactly what the attorney who taught our class called them). So blabbing your mouth off to the police is NEVER a good idea. It can NEVER help you. They can't make things "easier on you" if you cooperate as they might promise. Those kind of negotiatons are later, when lawyers and DA's are involved, not the police. It is MUCH better to emotionally state your position in front of witnesses before the police arrive. A few utterances like, "Did you see that? He pulled a knife on me! I was scared to death. I thought he was going to kill me! Is anybody hurt? Did someone call the police?" If YOU say things like this to the police after you've calmed down and are describing the situation, it won't make it to court ("hearsay"). But if witnesses report you saying these things, that is admissable. Something good to know.

Everything I have said above, while somewhat focused on firearms, applies equally to anything considered a lethal weapon. Including a stick used as a weapon.

I learned a lot in that course taught by the self defense / shooting defense attorney! Nothing beats learning this stuff directly from someone who really knows. Don't depend on "hearsay" you find on the internet (including my post here, although I've made it as accurate as possible based on what I learned from the attorney).