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Robertson v. City and County of Denver5/2/1994
REF--> We did not need to determine whether the right to bear arms is a fundamental right because the trial court merely declared the ordinance invalid based "on its finding that the subject matter of the ordinance is a matter of statewide concern and is therefore preempted by a state statute pertaining to the carrying of a concealed weapon." Id. at 21-22, 501 P.2d 744.
In People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975), the defendants, convicted felons, argued that a statute prohibiting possession of weapons by previous offenders violated their constitutional right to bear arms. We reviewed the case based on the trial court's ruling that the statute was constitutionally overbroad and violated article II, section 13. We determined that the statute was a legitimate exercise of the state's police power. Id. at 104, 544 P.2d at 391. The statute, we said, did not conflict with the constitution merely because it limited the possession of weapons by persons likely to abuse such possession. In reaching this Conclusion, we noted:
We do not read the Colorado Constitution as granting an absolute right to bear arms under all situations. It has limiting language dealing with defense of home, person, and property. These limitations have been recognized by the General Assembly in the enactment of section 18-12-105, C.R.S. 1973, which restricts the right to bear arms in certain circumstances, while permitting in other circumstances the carrying of a concealed weapon in defense of home, person, and property, and also when specifically authorized by written permit.
Id. at 103, 544 P.2d at 391.
The conflicting rights involved here are the individual's rights to bear arms and the state's right, indeed its duty under its inherent police power, to make reasonable regulations for the purpose of protecting the health, safety, and welfare of the people. . . .
Id. at 103, 544 P.2d at 390-91. In concluding that the statute constituted a legitimate exercise of the state's police power, again, we were not confronted with a ruling by the trial court that a fundamental right was implicated.
Further, in People v. Ford, 193 Colo. 459, 568 P.2d 26 (1977), the defendant was charged under a statute proscribing an offense of possession of weapons by previous offenders. The defendant contended that the statute's application to him was unconstitutional because it violated his right to keep and bear arms in defense of his "home, person and property," as guaranteed by the Colorado Constitution, article II, section 13. We held:
In People v. Blue, we recognized that the right to bear arms is not absolute; the Colorado Constitution limits that right to the defense of one's home, person, and property. Thus, statutes enacted pursuant to the state's police power may validly restrict or regulate the right to possess arms where the purpose of such possession is not a constitutionally protected one.
Id. at 462, 568 P.2d at 28 (citation omitted). In Blue, the trial court merely held that the statute violated the defendant's right to keep and bear arms without holding that the right to bear arms is a fundamental right.
Finally, in People v. Garcia, 197 Colo. 550, 595 P.2d 228 (1979), which involved a challenge to a statute which prohibited possession of a firearm by an intoxicated person, we found that the right to bear arms could be regulated by the reasona
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