(concurring in result):
It is conceded by all that the State has the power under Article I, § 6 of the Utah Constitution to enact reasonable regulations for the control of firearms. The issue is whether the State may discriminate between citizens and noncitizens. The constitutionality of U.C.A., 1953, § 76-10-503 is sustained basically because of the supposed manner of use to which the defendant put the weapon. The plurality opinion intimates that if an alien used a weapon in self-defense that might pass muster. However, the flat statutory prohibition cannot be read as if it impliedly incorporates the self-defense language of the Constitution, even if that language be deemed to be a limitation on the constitutional right — a point not addressed in this case or otherwise settled. Clearly, the statute is not written in that way. In fact, the plain meaning of the statute, on its face, makes it a criminal offense for a noncitizen (even though a resident of the United States for many years) to collect firearms or to take a rifle or shotgun hunting.
The charge in the instant case was that the “defendant, not a citizen of the United States did own or have in his possession a dangerous weapon, to wit: A FIREARM.” There is no allegation whatsoever of any misuse, aggressive or otherwise. The facts in the majority opinion reciting aggressive use have not been judicially established and have no proper place in this case. No jury and no judge has ever determined that the facts recited are true. If, indeed, they are true, it is incomprehensible why the prosecution did not charge the defendant with a far more serious crime. The truth of the matter is that this case is nothing more or less than a conviction of an alien for possession of a firearm.1
In his concurring opinion, Justice Oaks concedes that “a general prohibition against possessing firearms could not validly make it a crime for an alien to possess a weapon in preparation for its use for the protected defensive purpose.” But he then concludes that the appellant cannot rely upon Article 1, § 6 of the Utah Constitution “because the possession for which he was convicted was for purposes other than his own ‘security and defense.’ ” That conclusion is puzzling, for the plain fact is that the defendant was convicted of possession simpliciter, and he attacks the statute on its face. Under those circumstances, I think it clear that he has standing to attack the statute. He was not charged with, or convicted of, any illegal use of the firearm. The statute clearly does not require any evidence as to one’s purpose in possessing a firearm. The evidence adduced which tends to show aggressive use, was not only irrelevant but highly prejudicial. Even evidence of self-defense, had the defendant been able to adduce such, would also have been irrelevant. Self-defense simply is not a defense to a charge of possession.
*684I concur in the affirmance solely because the issue of unreasonable discrimination under Article I, § 24 of the Utah Constitution has not been raised on this appeal and because the Court declines to reassess State v. Beorchia, Utah, 530 P.2d 813 (1974), a case which should be reassessed because of the absence of any analysis in support of the conclusion there reached. Notwithstanding that observation, I express no opinion as to what the proper result should be and concur on the basis that Beorchia is at this point controlling by virtue of stare decisis.
HOWE, J., concurs in the concurring opinion of STEWART, J. DURHAM, J., does not participate herein.. I concur with Justice Oaks that it is unnecessary to decide in this case whether the constitutional provision applies to an automatic weapon.