It is commonly stated that a person who has been trained in martial arts, particularly after they have earned a black belt, is a "deadly weapon" or that their hands are a "deadly weapon." The short answer is that this is not true, but the path to that answer deserves some careful analysis.
The Colorado criminal code 18-1-901 (e) defines "deadly weapon" as:
1. A firearm, whether loaded or unloaded; or
2. A knife, bludgeon, or any other weapon, device, instrument, material, or substance,
whether animate or inanimate, that, in the manner it is used or intended to be used, is
capable of producing death or serious bodily injury.
Clearly, there is no Colorado legal provision that elevates a person or their hands to the status of "deadly weapon" just by virtue of the knowledge of that person. Any person's bare hands CAN be a deadly weapon though, based on the manner of their use or intended use. People v. Ross, 821 P2d 1310 (1992).
Based on Ross and many cases that have followed in the 30 years this case has been Colorado law, any person's hands can be a deadly weapon if those hands are used in a manner capable of causing death or serious injury. This is true even if death or serious bodily injury is not in fact inflicted. People v. Saleh, 45 P.3d 1272 (2002).
The message to anyone, regardless of their expertise in jiu jitsu or any other martial art, is that force applied to another in a way that is capable of causing serious injury, courts could find that a deadly weapon was used. Some cases have upheld a legal finding of use of a deadly weapon simply by striking another with a closed fist. This act doesn't require any special training at all; in fact, striking with the first certainly goes back to cavemen.
The message to jiu jitsu students who do end up using jiu jitsu techniques in a fight, is that students must be aware of the potential injury that any given technique is capable of inflicting. Techniques commonly labelled as "chokes" deserve being addressed in this discussion. Although most "chokes" in jiu jitsu are actually lateral vascular neck restraints, and not air chokes per se, an incorrectly applied vascular restraint can present an increased risk of serious injury or death.
One common vascular restraint taught in jiu jitsu is the "guillotine choke"/ mai hadaka jime (in Japanese.) The guillotine is very easily misapplied as an air choke, because many practitioners improperly wrap the neck and place their forearm across the windpipe. An air choke likely meets the Colorado definition of "deadly weapon." In fact, in 2016, Colorado passed a law making it a misdemeanor crime for police officers to use air chokeholds unless they are justified in using deadly force. Colorado HB16-1264. Note in the above left photo how the forearm is across the throat and the other palm is pushing forward on the back of the head. This is a trachea crushing choke that is capable of killing a person, and is not a properly applied vascular restraint technique.
Following the high profile murder of George Floyd by former Minneapolis police officer Derek Chauvin, Colorado (and some other states) passed laws further banning vascular restraints by police. Colorado SB20-217. This law applies only directly to use of force by police officers. Colorado jiu jitsu practitioners must read the room on this though ... constrictive neck attacks are likely to be viewed as use of a "deadly weapon" in Colorado courts. The very broad definition of "capable of causing death" clearly encompasses cutting off the blood to someone's brain, and the Saleh case clearly established that serious injury doesn't need to actually occur in order for a court to hold that a deadly weapon was used.
These limitations are unfortunate. Vascular restraints are arguably the most effective and humane choice when correctly applied. It is also disappointing that Chauvin's actions, which did not even involve the use of any recognized vascular restraint technique, resulted in such an overreaction that limits techniques available for use in self-defense. Rendering an attacker unconscious is much more humane than snapping an elbow or knocking teeth out of someone's mouth. It is the reality of the law though, and those of us skilled in jiu jitsu have to consider these realities in choosing which techniques we employ to defend ourselves.
At the end of the day, a jiu jitsu white belt with one class can be found to have used a deadly weapon based on what damage a move is capable of causing. Because of these possible consequences, all Colorado jiu jitsu students must not only learn proper technique, but also be aware of the the damage each technique is capable of causing in a self-defense situation. A person's hands are NOT deadly weapons as a result of what they KNOW. A person's hands CAN be a deadly weapon as a result of ACTIONS in which they engage with their hands.
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Professor Jim Medley is a licensed attorney in Colorado and in Texas. Medley has practiced criminal law for 24 years and has defended hundreds of cases involving the use of force. He has taught as a professor of Criminal Justice and has taught college level courses in Use of Force and Criminal Law. Medley has studied jiu jitsu for over 40 years and has black belts in both Japanese jūjitsu and Gracie jiu jitsu. He has also been a police use of force instructor and he has worked as a night-club bouncer.
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