People v. Nakamura, 13974.

Docket Nº13974.
Citation99 Colo. 262, 62 P.2d 246
Case DateSeptember 28, 1936
CourtSupreme Court of Colorado

62 P.2d 246

99 Colo. 262

PEOPLE
v.
NAKAMURA.

No. 13974.

Supreme Court of Colorado, En Banc.

September 28, 1936


Rehearing Denied Nov. 2, 1936.

Error to District Court, Delta County; Straud M. Logan, Judge.

Charles Nakamura was charged with unlawful possession of firearms. To review a judgment quashing the charge, the People bring error.

Affirmed.

BOUCK and BURKE, JJ., dissenting.

Wm. F. Haywood, of Grand Junction, A. Allen Brown, of Delta, Paul P. Prosser, former Atty. Gen., Byron G. Rogers, Atty. Gen., and Walter F. Scherer, Asst. Atty. Gen., for the People.

[99 Colo. 263] Milton R. Welch, of Delta, for defendant in error.

HOLLAND, Justice.

Under section 6882, Compiled Laws of 1921, an amended information, containing two counts, was filed in the district court of Delta county, charging Nakamura, an unnaturalized foreign-born resident in the first count with unlawful possession of three pheasants, and in the second count with unlawful possession of firearms, to wit, 'one shotgun, for the purpose of hunting wild game.'

A plea of guilty was entered as to the first count, and Nakamura was fined $90 and costs. His motion to quash the second count was sustained by the court on the ground that section 6882, supra, is unconstitutional under sections 13 and 27 of article 2 of the Constitution of the state of Colorado. Nakamura was discharged, and the people assign error.

Section 6882, Compiled Laws of 1921, is as follows: 'That from and after the passage of this act, it shall be unlawful for any unnaturalized foreign-born resident to hunt for or capture or kill, in this state, any wild bird or animal, either game or otherwise, of any description, excepting in defense of persons or property; and to that end it shall be unlawful for any unnaturalized foreign-born resident, within this state, to either own or be possessed of a shotgun or rifle of any make, or a pistol or firearm of any kind. Each and every person violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25) nor more than two hundred and fifty dollars ($250), or by imprisonment in the county jail not less than ten (10) [99 Colo. 264] days or more than three (3) months, or by both such fine and imprisonment; Provided, That in addition to the Before -named penalty all guns of the above-mentioned kinds found in possession or under control of an unnaturalized foreign-born resident shall, upon conviction of such person, be declared forfeited to the state of Colorado, and shall be sold by the fish and game commissioner as hereinafter directed.'

Sections 13 and 27 of article 2 of the Constitution are as follows:

'Sec 13. That the right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.'
'Sec. 27. Aliens, who are or may hereafter become bona fide residents of this state, may acquire, inherit, possess, enjoy and dispose of property, real and personal, as native born citizens.'

The people contend that the 'right' referred to in section 13 of the Constitution...

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7 practice notes
  • Robertson v. City and County of Denver, No. 93SA91
    • United States
    • Colorado Supreme Court of Colorado
    • May 2, 1994
    ...as the exercise of that power is reasonable. The earliest decision of this court applying article II, section 13, is People v. Nakamura, 99 Colo. 262, 62 P.2d 246 (1936). In Nakamura, we struck down a statute prohibiting unnaturalized foreign-born residents from owning or possessing a firea......
  • Rocky Mountain Gun Owners v. Polis, Supreme Court Case No. 18SC817
    • United States
    • Colorado Supreme Court of Colorado
    • June 29, 2020
    ...article II, section 13 long ago charted a different course from case law interpreting the Second Amendment.¶43 In People v. Nakamura , 99 Colo. 262, 62 P.2d 246 (1936), we construed article II, section 13 to provide a "personal right ... to bear arms in defense of home, person, and property......
  • Rocky Mountain Gun Owners, Nonprofit Corp. v. Hickenlooper, Court of Appeals No. 14CA2178
    • United States
    • Colorado Court of Appeals of Colorado
    • March 24, 2016
    ...more narrowly achieved.Id. at 23, 501 P.2d at 745.¶ 53 Pillow did not cite but did follow the precedent established by People v. Nakamura, 99 Colo. 262, 62 P.2d 246 (1936). There, Mr. Nakamura was charged under a statute outlawing hunting or firearm possession by resident aliens. He was cha......
  • People v. McNeese, No. 93SC450
    • United States
    • Colorado Supreme Court of Colorado
    • March 13, 1995
    ...II of the Constitution, to bear arms in defense of home, person and property." Robertson, 874 P.2d at 328 (quoting People v. Nakamura, 99 Colo. 262, 264, 62 P.2d 246, 247 Although not necessary, in my view, for resolution of this case nor to affirm the courts below, I believe the General As......
  • Request a trial to view additional results
7 cases
  • Robertson v. City and County of Denver, No. 93SA91
    • United States
    • Colorado Supreme Court of Colorado
    • May 2, 1994
    ...as the exercise of that power is reasonable. The earliest decision of this court applying article II, section 13, is People v. Nakamura, 99 Colo. 262, 62 P.2d 246 (1936). In Nakamura, we struck down a statute prohibiting unnaturalized foreign-born residents from owning or possessing a firea......
  • Rocky Mountain Gun Owners v. Polis, Supreme Court Case No. 18SC817
    • United States
    • Colorado Supreme Court of Colorado
    • June 29, 2020
    ...article II, section 13 long ago charted a different course from case law interpreting the Second Amendment.¶43 In People v. Nakamura , 99 Colo. 262, 62 P.2d 246 (1936), we construed article II, section 13 to provide a "personal right ... to bear arms in defense of home, person, and property......
  • Rocky Mountain Gun Owners, Nonprofit Corp. v. Hickenlooper, Court of Appeals No. 14CA2178
    • United States
    • Colorado Court of Appeals of Colorado
    • March 24, 2016
    ...more narrowly achieved.Id. at 23, 501 P.2d at 745.¶ 53 Pillow did not cite but did follow the precedent established by People v. Nakamura, 99 Colo. 262, 62 P.2d 246 (1936). There, Mr. Nakamura was charged under a statute outlawing hunting or firearm possession by resident aliens. He was cha......
  • People v. McNeese, No. 93SC450
    • United States
    • Colorado Supreme Court of Colorado
    • March 13, 1995
    ...II of the Constitution, to bear arms in defense of home, person and property." Robertson, 874 P.2d at 328 (quoting People v. Nakamura, 99 Colo. 262, 264, 62 P.2d 246, 247 Although not necessary, in my view, for resolution of this case nor to affirm the courts below, I believe the General As......
  • Request a trial to view additional results

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