Right to bear arms

• Currency: Current through 11/8/2022 Election
• Citation: Colo. Const. art. II § 13

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.

Cite as Colo. Const. art. II § 13

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 30.

ANNOTATION

Law reviews. For article, "POWPO and Gun Rights After Carbajal", see 44 Colo. Law. 31 (Sept. 2015). For article, "The Right to Arms in Nineteenth Century Colorado", see 95 Denv. L. Rev. 329 (2018).

No absolute right to bear arms. The right to bear arms is not absolute, and it can be restricted by the state's valid exercise of its police power. People v. Garcia, 197 Colo. 550, 595 P.2d 228 (1979).

The conflicting rights of the individual's right to bear arms and the state's right, indeed its duty under its inherent police power, to make reasonable regulations for the purpose of protecting the health, safety, and welfare of the people prohibits granting an absolute right to bear arms under all situations. People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975).

The right to bear arms is not absolute as that right is limited to the defense of one's home, person, and property. People v. Ford, 193 Colo. 459, 568 P.2d 26 (1977).

Right to bear arms is not absolute. Douglass v. Kelton, 199 Colo. 446, 610 P.2d 1067 (1980); People v. Pflugbeil, 834 P.2d 843 (Colo. App. 1992).

This section does not protect an individual's right to possess a short shotgun for self-defense. The statutory prohibition on short shotguns is a reasonable exercise of the state's police power. People v. Sandoval, 2016 COA 14, 409 P.3d 425.

Convicted felons' rights subject to limitation. Defendants cannot invoke the same constitutionally protected right to bear arms as could others where the right of a convicted felon to bear arms is subject to reasonable legislative regulation and limitation. People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975).

Municipal ordinance making it unlawful to possess a dangerous or deadly weapon was unconstitutionally overbroad. Lakewood v. Pillow, 180 Colo. 20, 501 P.2d 744 (1972).

Affirmative defense. A defendant charged under § 18-12-108 who presents competent evidence showing that his purpose in possessing weapons was the defense of his home, person, and property as recognized by this section thereby raises an affirmative defense. People v. Ford, 193 Colo. 459, 568 P.2d (1977).