A UNC School of Government Blog
Do law-abiding North Carolina residents have a right to carry a gun openly in public? Generally, yes. Federal constitutional right? The Supreme Court has recently ruled that the Second Amendment protects an individual right to bear arms, including handguns, District of Columbia v. Heller, 554 U.S. 570 (2008), and that it protects that right from … Read more
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
In District of Columbia v. Heller, 554 U.S. 570 (2008), the United States Supreme Court held that the Second Amendment protects an individual’s right to possess firearms for lawful purposes such as self-defense. Heller unleashed a tsunami of litigation over the nature and scope of that right. Of particular interest to criminal lawyers, Heller led … Read more
The court of appeals issued opinions today. I haven’t looked at all of them, but State v. Best jumped out at me because it provides an authoritative answer to a question that I have often been asked: when a defendant is convicted of possession of a firearm by a felon, may his prior felony (the … Read more
G.S. 14-415.1 makes it unlawful for “any person who has been convicted of a felony to . . . possess . . . any firearm,” with limited exceptions. In State v. Garris, 191 N.C. App. 276 (2008), the court of appeals held that a defendant may be “convicted and sentenced only once for possession of … Read more
I’m back from a fantastic vacation, and am grateful to Jamie for keeping the blog afloat while I was gone. Blogging is a lot of fun but it can also be a little bit of work, and it’s great to have colleagues who are willing to shoulder the load when needed. Because I have a … Read more
I wrote here about 18 U.S.C. § 922(g)(9), the federal statute that prohibits people who have been convicted of domestic violence misdemeanors from possessing firearms. Federal law also prohibits felons, drug addicts, “mental defective[s],” illegal aliens, and various other groups from having guns. 18 U.S.C. § 922(g). In the wake of District of Columbia v. … Read more
Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). A “misdemeanor crime of domestic violence” is a misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened … 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
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