Robertson v. City and County of Denver5/2/1994
n Nakamura, we struck down a statute prohibiting unnaturalized foreign-born residents from owning or possessing a firearm of any kind, stating that while the state may preserve wild game and prevent the killing of the same by aliens, "it cannot disarm any class of persons or deprive them of the right guaranteed under section 13, article II of the Constitution, to bear arms in defense of home, person and property." Id. at 264, 62 P.2d at 247. Thus, we concluded that insofar as the statute "denies the right of the unnaturalized foreign-born resident to keep and bear arms that may be used in defense of person or property, it contravenes the constitutional guaranty and therefore is void." Id. at 265, 62 P.2d at 247. In reaching its holding, the Nakamura court was not required to determine what the status of the right to bear arms in self-defense was and, accordingly, that decision contains no analysis regarding whether that right is fundamental.
The next occasion in which this court applied article II, section 13, was Lakewood v. Pillow, 180 Colo. 20, 501 P.2d 744 (1972). In Lakewood, we reviewed the constitutionality of a municipal ordinance proscribing the possession or use of any deadly weapon except in one's home. In voiding the ordinance as overbroad, we observed "that it is so general in its scope that it includes within its prohibitions the right to carry on certain businesses and to engage in certain activities which cannot under the police power be reasonably classified as unlawful and thus, subject to criminal sanctions." Id. at 23, 501 P.2d at 745. Thus, we held that "depending upon the circumstances, all of these activities and others may be entirely free of any criminal culpability yet the ordinance in question effectively includes them within its prohibitions and is therefore invalid." Id. Again, in reaching this Conclusion, we were neither required to determine the status of the right to bear arms nor was there any analysis of whether that right is fundamental.
Similarly, in People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975), we upheld the constitutionality of a statute which prohibited the possession of any firearm by persons convicted of certain crimes. In so holding, we first recognized that the Colorado Constitution does not guarantee an absolute right to bear arms under all circumstances, id. at 103, 544 P.2d at 391, and concluded that "in our view, the statute here is a legitimate exercise of the police power." Id. Once again, we were not required to determine the status of the right to bear arms in self-defense but rather, we resolved only the question of whether the law at issue constituted a legitimate exercise of the state's police power.
Likewise, in People v. Ford, 193 Colo. 459, 568 P.2d 26 (1977), we concluded that a "flat prohibition" on the right of certain felons to possess firearms was subject to the guarantee of article II, section 13. Id. at 462, 568 P.2d at 28. In concluding that the constitution required recognition of an affirmative defense to this statute if a defendant shows that his purpose in possessing weapons was the defense of his home, person, and property, the court never determined the status of the right to bear arms in self-defense.
Finally, in People v. Garcia, 197 Colo. 550, 595 P.2d 228 (1979), we upheld, against a vagueness and overbreadth challenge, the constitutionality of a statute which prohibited the possession of any firearm by a person under the inf
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Colorado DUI Attorneys
DUI Lawyers
|