Judge Strikes Down NC Gun Law

By US Daily Review Staff.

Writing for the U.S. District Court for the Eastern District ofNorth Carolina, Senior U.S. District Judge Malcolm J. Howard today added another to the growing list of gun laws struck down on Second Amendment grounds.

State of Emergency Gun Ban

In Bateman et al. v. Perdue et al., at issue was the state’s blanket prohibition on carrying firearms outside the home during declared states of emergency. During numerous states of emergency involving hurricanes and other phenomena, lawful North Carolinians have been prevented from protecting themselves outside the home, including an incident in which King, NCposted the entire town against firearms in anticipation of a snowstorm. Plaintiffs for the case were gun rights organizations Grass Roots North Carolina, the Second Amendment Foundation, and citizens Michael Bateman, Virgil Green and Forrest Minges, Jr.

Second Amendment Scholarship

The Bateman decision further extends the right to bear arms outside the home. Extensively cited in the decision were the recent Supreme Court decision affirming an individual right to keep and bear arms in D.C. v. Heller, the “incorporation” of the Second Amendment in Mc Donald v. Chicago, and recent Fourth Circuit decisions in U.S. v. Chester and U.S. v. Masciandaro.

From the decision:

Citing from Masciandaro: “…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.'”

“It cannot be seriously questioned that the emergency declaration laws at issue here burden conduct protected by the Second Amendment…”

“…the statutes here excessively intrude upon plaintiffs’ Second Amendment rights by effectively banning them (and the public at large) from engaging in conduct that is at the very core of the Second Amendment at a time when the need for self-defense may be at its very greatest.”

In addition to the Heller and McDonald victories, attorney Alan Gura recently won a victory against Maryland’s restrictive handgun permit law in Woollard et al. v. Sheridan et al.

All opinions expressed on USDR are those of the author and not necessarily those of US Daily Review.

Leave a comment

Your email address will not be published.


*