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SAF win against NC emergency regulations
SAF and Alan Gura scored a win today in Bateman v. Perdue, E.D.N.C..
At issue were North Carolina statutes prohibiting carrying a firearm off one's own land during a declared emergency (which can be declared by the governor, or county, or city). The district court followed the 4th Cir. standard, which is (1) is the activity within the traditional right to arms, and (2) if so, apply the proper standard of review.
The ruling is significant in several ways. First, it recognizes that the right to arms is not limited to in-home possession. "Although considerable uncertainty exists regarding the scope of the Second Amendment right to keep and bear arms, it undoubtedly is not limited to the confines of the home." Second it recognizes that when the core right -- possession in the home -- is involved, strict scrutiny applies. Third, it applies strict scrutiny here because of the statute's breadth and the fact that it indirectly impacts possession in the home.
Comments
As an NC resident in the coastal area, where we frequently have states of emergency due to hurricanes etc., it has always seemed backwards to me. At a time when police are busiest, and have the most trouble getting around (flooding, trees down, etc.), all of a sudden you were restricted from carrying a tool that made self defense possible. This is a well-written decision and long overdue.
Now, on to restaurant carry.
Posted by: Brerarnold at March 29, 2012 06:45 PM
Brerarnold:
makes perfect sense as only the police and the authorities are capable of protecting you don't you know? If you figure out you can protect yourself that will upset all their nice little plans
Posted by: Rich at March 30, 2012 06:57 AM