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.