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STATE v. MONTOYA

No. 3056.

572 P.2d 1270 (1977)

91 N.M. 262

STATE of New Mexico, Plaintiff-Appellee, v. Phillip Ray MONTOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

December 6, 1977.

Attorney(s) appearing for the Case

Jerry M. Ginsburg, Ginsburg, Burnett & Rothstein, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Sam J.G. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This appeal involves the meaning and constitutionality of the statute prohibiting the carrying of a firearm into a licensed liquor establishment. We discuss: (1) what constitutes the offense, (2) the right to bear arms, and (3) the asserted vagueness of the statute.

The statute, enacted as Laws 1975, ch. 149, reads:

RELATING TO CRIMES; PROHIBITING THE CARRYING OF A FIREARM...

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