« Conflict over transit system firearm ads makes CBS | Main | Frontier Justice »
State of emergency in NC
Paul Valone makes some observations about how the governor's office, having declared an emergency, is trying to side-step on the State law that forbids carrying of a firearm after such an emergency is declared.
3 Comments | Leave a comment
The MacDonald opinion referred to "keep AND bear" numerous times. "Keep and bear" is now a fundamental right subject to strict scrutiny -- until the Supremes say otherwise.
What is meant in North Carolina, is that equality under the law is no longer the standard.
"Some laws are more equal than others." At least until we say otherwise.
There needs to be a mechanism the People can use to repeal unjust and unused laws.
Unfortunately, while the Court referred to "keep and bear" in the MacDonald opinion, bearing arms outside the home wasn't an issue in that case. Since it wasn't directly at issue, it is "dicta" not "holding" and is only advisory. This comes from the notion that a court only resolves the case or controversy before it.
I would like to see a case based on this State of Emergency issue to go to the Supreme Court. This would directly raise the issue of whether we have a fundamental right to carry arms outside the home. It would have the potential to do in "may issue" licensing for concealed carry, particularly in states that don't have open carry.
This has great potential as a test case for the right to "bear" (as opposed to the right to "keep") arms.
The Supreme Court has already held that the second amendment protects an individual right to keep arms, and that this right is for the purpose (among others) of personal protection.
Unlike a normal situation, during a state of emergency, persons traveling outside the home have extra need of protection. Law enforcement officers will be occupied with the storm, and won't be able to protect citizens as well. Furthermore, with communications and daily life disrupted, opportunities to commit crime should be expected to increase.