The People of the State of Colorado v. Joddy Carbajal

Summary

The court held that the affirmative defense to possession of a weapon by a previous offender is grounded in the statutory choice-of-evils defense and therefore requires possession for defense against a reasonably believed threat of imminent harm. Because the trial court correctly modified the standard instruction to include that requirement, the court reversed the court of appeals. Justice Hood, joined by Justice Hobbs, dissented, reasoning that the constitutional right to possess arms for defense of home, person, and property does not require an imminent-harm limitation.