People v. Nakamura
Colorado Supreme Court
62 P.2d 246 (1936)
- Written by Eric Miller, JD
Facts
The Colorado constitution included a right to keep and bear arms for the defense of home, person, and property. The constitution also gave foreign-born citizens the same property rights as native-born citizens. A Colorado law made it unlawful for unnaturalized foreign-born residents to own a shotgun or rifle of any kind. The law’s stated purpose was to promote conservation of wild game by preventing foreign-born residents from hunting. The law included an exception for the use of a shotgun or rifle in the defense of persons or property. Charles Nakamura (defendant), an unnaturalized foreign-born Colorado resident, was convicted of owning a shotgun for the purpose of shooting game. Nakamura made a motion to quash, which was granted. The state (plaintiff) appealed to the Colorado Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Holland, J.)
Dissent (Bouck, J.)
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