People v. Garcia

The People appeal the ruling of the county court, affirmed by the district court, declaring section 18-12-106( 1)(d), C.R.S. 1973, to be unconstitutionally vague and overbroad. We reverse.

The challenged provision states:

“18-12-106. Prohibited use of weapons. (1) A person commits a class 2 misdemeanor if:

“(d) He has in his possession a firearm while he is under the influence of intoxicating liquor or of a narcotic drug or dangerous drug. Possession of a permit issued under section 18-12-105(2) (c) is no defense to a violation of this subsection (1).

The statute was declared to be…