A UNC School of Government Blog
Can Durham ban the possession or sale of assault rifles? In the wake of the massacre at Sandy Hook Elementary School, I have been asked several times whether gun regulations may be implemented at the local level. Generally. Generally, the answer is no. Under G.S. 14-409.40, “the regulation of firearms is properly an issue of … Read more
The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such operations. The principal decision is Hest Technologies, Inc. v. State, __ N.C. __ (2012), written by Justice Hudson. Background. The legislature has been concerned for … Read more
May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, an officer stopped the defendant for speeding. The officer ordered the defendant and his girlfriend out of the car. Subsequent events, not highly relevant here, … Read more
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a Class I felony. G.S. 90-95(b)(2). However, the statute provides that it is not a delivery to transfer for no remuneration less than 5 grams of … Read more
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from a defendant suspected of impaired driving. The nurse reportedly was released from handcuffs after Smithfield police arrived, and charges against the suspected impaired driver were … Read more
For as long as I can remember, parents have worried about adulterated Halloween candy, razorblades in apples, and the like. This concern is exaggerated, but not totally unfounded. Snopes states here that researchers have identified about 80 cases of sharp objects, usually pins, reportedly being inserted in fruit or candy distributed at Halloween. Although most … Read more
G.S. 14-34.1 makes it a Class E felony to discharge a barreled weapon or firearm into occupied property. The offense is elevated to a Class D felony if the property is an occupied dwelling or occupied conveyance in operation, and to a Class C felony if the defendant causes serious bodily injury. Although the statute … Read more
Jeff previously posted his “cocktail party review” of significant criminal law legislation passed this year by the North Carolina General Assembly, or at least legislation people might be interested in asking you questions about. Consider this the après-party review, when we go through the entire house, look for anything left behind, and give everything a … Read more
Senate Bill 105, which passed both chambers of the General Assembly overwhelmingly and appears certain to become law (either with the Governor’s signature or because of the passage of time without her veto), increases the penalty for most second-degree murders. Second-degree murder is currently a B2 felony, but for offenses committed on or after December … Read more