June 30, 2010
Interesting details about the first(?) post-McDonald suit brought in North CarolinaThis local story out of North Carolina provides some of the interesting details surrounding the first high-profile challenge to a state gun law in the wake of the McDonald Second Amendment ruling earlier this week:
The same day the U.S. Supreme Court issued a ruling that gun rights advocates saw as an open door to challenge the constitutionality of firearms restrictions, a lawsuit was filed in federal court in North Carolina seeking an injunction against the governor and others from declaring states of emergency that restrict who can carry guns in public.
The suit was filed Monday by Second Amendment Foundation, Grass Roots North Carolina and three individuals against Gov. Bev Perdue, Reuben F. Young, secretary of the state Department of Crime Control and Public Safety, Stokes County and the City of King....
The North Carolina case, filed in the state's eastern federal district, questions whether state laws limiting who can carry guns in states of emergency are overreaching. The suit also contends that government officials, under the state of emergency law, are allowed to prohibit the purchase, sale and possession of firearms and ammunition — actions the plaintiffs describe as violations of their Second Amendment rights.
Paul Valone, president of Grass Roots North Carolina, a gun rights advocacy group, said the suit was filed, in part, to test whether the state can impose such restrictions in times of emergency. "Not only will it get to that," Valone said Tuesday. "It will set binding precedent."
Under North Carolina law, the governor can declare states of emergency as can municipalities and counties. Since Sept. 1, 2004, according to the lawsuit, at least a dozen states of emergency have been declared by a North Carolina governor. All but one were weather-related — for hurricanes, tropical storms, snow and ice. One was for the 2008 wildfire that swept through Hyde, Tyrell and Washington counties.
In some towns and cities, though, states of emergency are declared when large crowds are expected to gather in small places. In such circumstances, law enforcement officers are able to confiscate weapons.
King, a Stokes County town of about 4,700 people nearly seven miles north of Winston-Salem, was named in the suit because in February, the mayor declared a state of emergency after a fierce winter snow and ice storm felled trees and damaged properties. The mayor did so, according to city administrators, so that King could be a candidate for federal funds to help with the cleanup after the storm....
State law enforcement advocacy groups and North Carolinians Against Gun Violence, an advocate for gun controls, declined to comment about the specifics of the case. "We want to wait for more input from law enforcement," said Roxane Kolar, executive director of North Carolinians Against Gun Violence.
Some old and new recent related posts on state litigation and McDonald:
- Effective review of state gun laws likely to be challenged after McDonald
- The "Silent Six" states worth watching for post-McDonald Second Amendment litigation
- North Carolina Supreme Court finds state constitutional right for some felons to bear arms
- Notable new Alaska appellate decision on denying gun rights to non-violent felons
- SCOTUS decides Second Amendment applies to the states in 5-4 opinion
- The likely state criminal litigation impact of McDonald and state applications of the Second Amendment
- Puzzling through the doctrine and dicta of McDonald on the Second Amendment's limits
June 30, 2010 at 05:07 PM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Interesting details about the first(?) post-McDonald suit brought in North Carolina:
This is a great post; it was very informative. I look forward in reading more of your work. Also, I made sure to bookmark your website so I can come back later. I enjoyed every moment of reading it. internet marketing
Posted by: thomas sabo | Nov 3, 2010 3:27:09 AM
Good post, I like it very much! I would like to leave a comment, because it gives more bloggers who participate and the opportunity to perhaps learn from each other.
Posted by: pandora charms | Nov 4, 2010 10:01:18 PM
Ich schätze Sie! Lassen Sie mich sehen wie ein guter Artikel, und ich habe den Drang, einen Kommentar auf deinem Artikel habe ich etwas auf thomas sabo schmuck empfehlen machen
Posted by: pandora bracelets | Nov 4, 2010 10:44:04 PM