On Monday, the United States Supreme Court unanimously decided a case about the disposition of a defendant’s guns after the defendant has been convicted of a felony. The case is Henderson v. United States. This post discusses the case and its implications for North Carolina.
firearms
BATFE’s Proposed Bullet Ban
Regular readers know that I try to keep abreast of changes in gun laws, both because guns are involved in a significant number of serious crimes and because the gun laws themselves are often criminal provisions. There’s been considerable recent media coverage of a proposal by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to change the legal status of a specific type of ammunition. Depending on who you talk to, the move is either a technical reclassification that will improve officer safety at no significant cost to law-abiding gun owners, or President Obama’s first step towards gun control by executive action. As usual for a School of Government piece, this post doesn’t take a side, but does provide some facts.
Criminal Charges for Random Gunfire
A man in Charlotte was struck by a stray bullet on July 4th. The police say that “it appears that it was not an intentional shooting but that someone . . . fired a celebration shot into the air” and happened to hit the man. The shot could have been fired anywhere in a several … Read more
My Girlfriend’s AK-47
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the owner or the driver of a vehicle is responsible for its contents. State v. Bailey began when two Roxboro officers heard several gunshots at an … Read more
Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument
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
Concealed Carry in Parks and on Playgrounds
Can a concealed carry permit holder carry a concealed handgun in a park? On a playground? The legislature has changed the law in this area twice in recent years and I get lots of questions about it. This post summarizes the basics. Concealed weapons generally are forbidden. Carrying a concealed weapon of any kind, including … Read more
The New Firearm/Deadly Weapon Enhancement
Structured Sentencing has always included a provision allowing for an enhanced sentence for felonies committed by using, displaying, or threatening to use or display a firearm or deadly weapon. G.S. 15A-1340.16A. It isn’t used very often. It was used only once statewide last year, and not at all the year before that. That may change … Read more
New Law Regarding Disposal of Seized Guns
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most common answer to that question – and may leave a significant number of weapons in limbo. Prior law. Until recently, G.S. 15-11.1(b1) provided that once … Read more
Gun Bill Poised to Become Law
The General Assembly has passed H 937, which awaits the Governor’s signature. It is an omnibus gun bill, following rather closely on the heels of the omnibus firearms bill enacted in 2011, which I covered in part here. Assuming that it becomes law – and I am not aware of any prospect of a veto … Read more