A UNC School of Government Blog
This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, holding a rifle, in full camouflage, when a wildlife officer approached him. The officer asked the defendant for his hunting license, under the license check … Read more
Remember Britt v. State, 363 N.C. 546 (2009), in which the state supreme court ruled that a man with a single, non-violent felony conviction from 1979 had a state constitutional right to possess a firearm, making the felon-in-possession law, G.S. 14-415.1 unconstitutional as applied to him? I blogged about Britt here, but several years have … Read more
I’ve blogged previously about the Britt and Whitaker cases. Britt held that a particular convicted felon retained his right to bear arms under the state constitution, and that G.S. 14-415.1 — which purports to prohibit all felons from possessing firearms — was unconstitutional as applied to him. Whitaker rejected a similar claim made by another … Read more
The Supreme Court just finished the Term that began in October 2009, and it went out with a bang. On Monday, it announced what was perhaps the most-anticipated opinion of the year, McDonald v. City of Chicago. The genesis for McDonald was District of Columbia v. Heller, 554 U.S. __ (2008), the case in which … Read more
A divided court of appeals decided another significant gun case this week. But before I talk about the opinion in State v. Whitaker, I’ll briefly summarize the legal backdrop for the case. In June 2008, the United States Supreme Court decided District of Columbia v. Heller, holding that the Second Amendment protects an individual right … Read more
We’ve seen several significant cases concerning gun laws in the past few years. The two biggest, of course, are District of Columbia v. Heller, 554 U.S. ___ (2008), in which the United States Supreme Court struck down the District of Columbia’s ban on handgun possession as inconsistent with the Second Amendment, and Britt v. North … Read more
The state supreme court issued a batch of opinions last Friday, and while several of them are notable, the one that has received the most attention is Britt v. North Carolina. (You can see the News and Observer’s story here, and a couple of commentators’ views here and here.) Barney Britt pled guilty to PWISD … Read more