Aurora, CO asked in Criminal Law and Constitutional Law for Colorado

Q: Can I use a Pellet gun for self defense in Colorado?

2 Lawyer Answers
Reid DeChant
PREMIUM
Reid DeChant pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The type of weapon you use to defend yourself is only one factor in the consideration. What the situation is surrounding the use of force will determine if you have the right to use self-defense and what type of force is justified.

Michael Joseph Larranaga agrees with this answer

A: From a general perspective, a pellet gun is not a good self-defense weapon. Having owned and used pellet guns before, pellet guns are typically used to hunt small game such as prairie dogs, rats, and so on. While it could theoretically deter a person and perhaps hurt them if you were to hit them in a sensitive spot such as the eye, I would think you are just as likely to be stabbed or shot by someone who thinks that the pellet gun is a real gun. If you are looking for a non-lethal, talk to your local self-defense store about a taser or pepper spray.

Otherwise, I agree with Mr. DeChant that self-defense is a question of reasonableness based on the situation. Flipping the scenario, many pellet guns look like real guns. So if you brandish one, it may not be unreasonable from a self-defense perspective for the other individual to use a real gun against you and then claim self-defense. Food for thought when making your choice. Police have shot people over toy guns. Overall, it just seems like a poor choice.

Please be aware this is not legal advice. Laws vary by state and application is fact specific.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.