In the past few years I have defended many people who have drawn their firearm in self-defense and lit up their assailant with a laser. Each considered it a lawful use of less-than-lethal self defense but each were ultimately charged criminally for Assault with a Deadly Weapon and Felony Firearm.

In each of those instances the prosecutors have characterized the lasers as being a tool to threaten and intimidate people. They always emphasize how the defendant is shining that red light on their head/chest/etc. and how frightened the victims are. I have a case pending right now that SHOULD be charged as Brandishing at the MOST but my client’s Crimson Trace laser activated through palm pressure when he drew his gun (under a legitimate belief he was about to be the victim of a drive-by shooting) and the “victim” was “traumatized” by the laser beam coming close to them, not even painting the target.

Lessons:

1. Never draw your weapon unless you are going to shoot.

2. Never fire a warning shot.

3. Leave the laser on your home-defense gun and NOT your carry gun!

I’ve lost two criminal trials in sixteen years of practice and both involved handguns with lasers being used as a method of “less-than-lethal” self-defense. In each case I obtained a self-defense jury instruction but I firmly believe that the witness testimony regarding lasers frightening them contributed to both convictions. There were other, unrelated reasons that the clients were found guilty but the lasers certainly didn’t help.

NO WAY IN HELL WOULD I CARRY A GUN WITH A LASER ATTACHED.