Legal Opinion · Dissent

People v. Carbajal

Supreme Court of Colorado

Decided June 30, 2014No. Supreme Court Case No. 12SC235Published

1DissentJustice Hood

{23 Because I find no "reasonable fear of imminent harm" requirement in the Colorado Constitution or People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975), and People v. Ford, 198 Colo. 459, 568 P.2d 26 (1977), I respectfully dissent from the majority's opinion.

{24 "The right of no person to keep and bear arms in defense of his home, person and property ... shall be called in question." Colo. Const. art. II, § 18. In Ford, we held that "[a] defendant charged under [the POW-PO statute] who presents competent evidence showing that his purpose in possessing weapons was the defense of his home,…

2Cases cited4 opinions

  1. People v. BlueSupreme Court of Colorado · 1975
  2. Kern v. GebhardtSupreme Court of Colorado · 1987
  3. People v. FordSupreme Court of Colorado · 1977
  4. Smith v. District Court in & for the Fourth Judicial District of the State of ColoradoSupreme Court of Colorado · 1995

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