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Federal court strikes down NC emergency gun ban

Discussion in 'Carry Issues' started by Professor Zero, Mar 29, 2012.

  1. http://saf.org/viewpr-new.asp?id=397

    BELLEVUE, WA - A federal district court judge in North Carolina has just
    struck down that state's emergency power to impose a ban on firearms and
    ammunition outside the home during a declared emergency, ruling that the
    provision violates the Second Amendment right to keep and bear arms.

    The case, Bateman v. Purdue, was brought by the Second Amendment
    Foundation, Grass Roots North Carolina FFE and three individual
    plaintiffs. Defendants in the case were Gov. Beverly Purdue and Reuben
    F. Young, secretary of the state's Department of Crime Control and
    Public Safety, in their official capacities.

    In his opinion, Judge Malcolm J. Howard, senior United States district
    judge for the Eastern District of North Carolina, wrote, "the court
    finds that the statutes at issue here are subject to strict
    scrutiny...While the bans imposed pursuant to these statutes may be
    limited in duration, it cannot be overlooked that the statutes strip
    peaceable, law abiding citizens of the right to arm themselves in
    defense of hearth and home, striking at the very core of the Second
    Amendment."

    "When SAF attorney Alan Gura won the Heller case at the Supreme Court,"
    noted SAF Executive Vice President Alan M. Gottlieb, "the gun ban crowd
    said that we were a one-trick-pony' and that we would never knock out
    another gun law. Well, SAF has now knocked out gun laws in Maryland,
    Illinois and North Carolina.

    "We filed this lawsuit on the day we won the McDonald case against
    Chicago," he added, "extending the Second Amendment to all 50 states.
    This was part of our strategy of winning firearms freedoms one lawsuit
    at a time."

    Gottlieb pointed to language in Judge Howard's ruling that solidifies
    the Second Amendment's reach outside the home. The judge noted that the
    Supreme Court in Heller noted that the right to keep and bear arms "was
    valued not only for preserving the militia, but 'more important(ly) for
    self-defense and hunting."

    "Therefore," Judge Malcolm wrote, "the Second Amendment right to keep
    and bear arms 'is not strictly limited to the home environment but
    extends in some form to wherever those activities or needs occur."

    "Under the laws at issue here, citizens are prohibited from engaging,
    outside their home, in any activities secured by the Second Amendment,"
    Judge Malcolm wrote. They may not carry defensive weapons outside the
    home, hunt or engage in firearm related sporting activities.
    Additionally, although the statutes do not directly regulate the
    possession of firearms within the home, they effectively prohibit law
    abiding citizens from purchasing and transporting to their homes
    firearms and ammunition needed for self-defense. As such, these laws
    burden conduct protected by the Second Amendment."
     
    Last edited: Mar 29, 2012
  2. Elitematch

    Elitematch

    4
    0
    Sep 6, 2011
    Eastern NC
    Its about time..

    Sent from my DROID X2 using Tapatalk
     


  3. Navitimer

    Navitimer

    816
    0
    Apr 29, 2009
    That's great to hear! In the past there have been "states of emergency" declared for things such as hurricanes, etc., so it will be good to know that carry during those times cannot be prohibited. Thanks for posting this!
     
  4. Warp

    Warp ΜΟΛΩΝ ΛΑΒΕ

    16,302
    296
    Jul 31, 2005
    Atlanta
  5. Gunnut 45/454

    Gunnut 45/454

    12,129
    9
    Jun 20, 2002
    Well it's good to here that the courts actually read the true meaning of the 2nd! That every American can and should be able to defend themselves EVERYWHERE at anytime and place!:supergrin:
     
  6. TSAX

    TSAX USAF Vet

    10,162
    7
    Jun 5, 2010
    It would be nice if more states were like this.







    :50cal:
     
  7. RenegadeGlocker

    RenegadeGlocker

    4,713
    716
    Jul 8, 2001
    Texas
    Expect more if filed by competent attorneys like these.

    Just as Roe took down a lot of anti-abortion laws, Heller/ McDonald is going to take down a lot of anti-gun laws.
     
  8. unit1069

    unit1069

    8,128
    169
    Oct 10, 2007
    So. Central US
    During the Hurricane Katrina disaster the people of Louisiana learned how Democrat/"progressive" governments will use emergency powers to seize lawfully-owned weapons.

    I'm surprised North Carolina would attempt the same State power grab. There must be a Democrat/"progressive" equation in operation here.
     
  9. bear62

    bear62

    1,460
    19
    Feb 5, 2005
    Rocky Mountains
    Well ........ we needed some good news!!!!!!!!!
     
  10. LoadToadBoss

    LoadToadBoss IYAAYWOT

    3,487
    83
    Apr 24, 2008
    Northwest Louisiana
    I said it before and I'll say it again. In an emergency situation, it doesn't matter what the law says the authorities can or cannot do. They will do what they think they need to do and then let the lawyers hash it out when things settle down. All a LEO needs to do is claim "officer safety" and you're handing your firearm over, especially when possessing the firearm in public during a declared emergency. After years of litigation, the government gets its hand slapped and Joe Private Citizen is out thousands in attorney's fees.
     
    Last edited: Mar 30, 2012
  11. redbaron007

    redbaron007 Some Dude Lifetime Member

    7,963
    43
    Jan 26, 2009
    SWMO
    I wonder if they will appeal it.

    Good for North Carolina!! CONGRATS!!! :thumbsup:


    :wavey:

    red
     
  12. kirgi08

    kirgi08 Watcher. Silver Member

    34,285
    3,471
    Jun 4, 2007
    Acme proving grounds.
    East of Charlotte is pretty much "left",west of Charlotte is "right". Asheville being as far left as DC is.:upeyes:

    :whistling: :supergrin:
     
  13. Arc Angel

    Arc Angel Deus Vult!

    6,920
    6
    Sep 20, 2003
    Penn's Woods
    Good! Even though I don't live there I was aware of this law, and thought it a patent violation of peoples' Second Amendment rights.
     
  14. ArmoryDoc

    ArmoryDoc

    4,067
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    May 14, 2006
    Kansas
    Why are we so brainwashed to believe it takes a Federal Court to affirm our rights to keep and bear arms. It's already written in the Constitution. "SHALL NOT BE INFRINGED".
     
  15. kirgi08

    kirgi08 Watcher. Silver Member

    34,285
    3,471
    Jun 4, 2007
    Acme proving grounds.
  16. Arc Angel

    Arc Angel Deus Vult!

    6,920
    6
    Sep 20, 2003
    Penn's Woods
    Try explaining this to the state legislatures of: New York, New Jersey, Massachusetts, Maryland, Delaware, and California. All of whom are flagrant violators of the people's rights to keep AND bear arms. ;)
     
  17. ArmoryDoc

    ArmoryDoc

    4,067
    40
    May 14, 2006
    Kansas
    I know. And we not only keep turning our backs when these politicians do this stuff but we keep electing these violators of our rights. Until the "people" get tired of it, it will continue. Sad.
     
  18. redbaron007

    redbaron007 Some Dude Lifetime Member

    7,963
    43
    Jan 26, 2009
    SWMO
    Theoretically speaking...you are correct.

    However, reality speaking....it ain't that easy, unfortunately! :crying:

    :wavey:

    red