Alan Gura, plaintiffs' attorney in DC v Heller, McDonald v
Chicago and now Bateman v Perdue at Grass Roots North
Carolina "Gala for Gun Rights" in Charlotte, NC. Photo:
Michael Honeycutt.
Grass Roots North Carolina joins suit challenging constitutionality of gun restrictions in North Carolina “state of emergency” law.
RALEIGH, NC – Grass Roots North Carolina* has joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation in a lawsuit against the state’s emergency powers gun ban.
Named in the suit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King.
Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v. Perdue et al, Case No. 5:10-cv-265. It contends that state statutes forbidding carrying of firearms and ammunition during declared states of emergency, as well as laws enabling government officials to prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by Monday’s Supreme Court ruling in McDonald v. Chicago.
Plaintiffs are represented by attorney Alan Gura, who won the recent McDonald v. Chicago Second Amendment case and the landmark D.C. v. Heller case preceding it. Local counsel includes Andrew Tripp and Kearns Davis of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC.
Building on the McDonald decision, under which “incorporation” of the Second Amendment will result in additional scrutiny of state gun laws, the latest suit centers on North Carolina’s “state of emergency” laws, under which local and state governments can curtail the right to bear arms by making it “unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area: (1) In which a declared state of emergency exists; or (2) Within the immediate vicinity of which a riot is occurring.” [ § 14-288.7(a) ]
On February 5, 2010, Stokes County and the City of King made national media by declaring a state of emergency in response to an impending snow storm and posting notices prohibiting not only carriage, but the sale of firearms and ammunition. The measure was widely denounced as an abridgment of citizens’ right to keep and bear arms.
Noting the frequency of weather events such as hurricanes in North Carolina and listing twelve executive orders declaring states of emergency, the Bateman complaint says:
“States of emergency are frequently declared in North Carolina. Since September 1, 2004, the Governors of North Carolina have declared at least a dozen states of emergency, usually encompassing the entire state.”
Building upon the SCOTUS decision in D.C. v. Heller, in which the Court ruled the Second Amendment does, in fact, reinforce an individual right to arms, the latest suit argues:
“North Carolina Gen. Stat. §§ 14-288.12(b)(4), 14-288.13(b), 14-288.14(a), and 14-288.15(d), to the extent they enable government officials to prohibit the purchase, sale, and possession of firearms and ammunition, are unconstitutional in that the forbid the exercise of Second Amendment rights, damaging plaintiffs in violation of 42 U.S.C. § 1983. Plaintiffs are therefore entitled to permanent injunctive relief against their enforcement.”
GENERAL ASSEMBLY REFUSES TO ADDRESS PROBLEM
In recent years, two North Carolina bills could have prevented infringement on individual rights under state of emergency laws. Under Section 3 of House Bill 257: “No Seizure of Lawful Firearms in Emergency,” sponsored by Rep. George Cleveland (R-Onslow) and three other legislators, lawfully possessed firearms and ammunition would have been exempted from the state of emergency law.
Despite support from Grass Roots North Carolina and others the bill died when it was denied a committee hearing by Democrat leadership, including Speaker Joe Hackney (D-Chatham, Moore, Orange) and Judiciary Committee Chairman Representative Ronnie Sutton (D-Robeson).
After the King debacle, GRNC worked with Rep. Mark Hilton (R-Catawba) to revamp the bill and introduce it again during the second year of the legislature’s two-year session as HB 2031. Referred to the House Judiciary I Committee, chaired by anti-gun Rep. Deborah Ross, the bill is languishing and likely to die due to lack of a hearing.
In a press release issued by Grass Roots North Carolina, GRNC president Paul Valone (your author) was quoted as saying:
“North Carolina’s legislature has chosen to infringe upon citizens’ ability to protect themselves and their families in times of need. When King, North Carolina banned guns and ammunition in response to pending snowfall, it clearly highlighted the unconstitutional restrictions endured by lawful North Carolinians.”
*Disclosure: The author is president of Grass Roots North Carolina.
Copyright © F. Paul Valone All rights reserved
No part of this publication may be reproduced or transmitted in any form or by any means electronic or mechanical, including photocopying, recording, scanning, digitizing or any information storage and referral system, without written permission from the publisher. For reprint permission, contact: fpv@fpaulvalone.com
www.GunsPoliticsandFreedom.com
For legislative information, go to:
www.GRNC.org
Comments
I've updated my original blogpost that has the case filings with a link to your column. I think it is important that non-North Carolinians realize how long and hard that GRNC has been fighting this battle.
Once again it is time for the people to rise up regardless of party they need to recall those politicians that seek to enslave them to the system by denying them their right to defend themselves during emergencies. In North Carolina it would appear to be primarily democrats who are impeding citizen's rights. Those identified as stalling bills due to personal beliefs need to be recalled and once a few recalls work the rest will get the message. They are there in the legislature to serve the people and not the other way around. If all bad laws have to be overturned by courts and recalls then why have a legislature anyway since it is costing the state more than it is helping? Several major mistakes have been made in North Carolina within the last 12 months regarding gun ownership including a boycott of the Marriott chain of hotels. It sure sounds like the people of North Carolina need to take back their government. Some politicians need a permanent vacation. one more fight one more win.
It seems that the ruling against New Orleans for confiscating weapons during the Katrina state of emergency would also apply in this NC case.
Why can't we pass a law like TN has concerning guns , based on the 10th Amendment??
Depriving citizens of weapons during states of emergency is just about the most inane thing a legislature can do. When are people more likely to need weapons than during a time of impending danger. Somehow, I find myself at 81 years old and confined to a wheelchair when I leave my home. Some idiot had the nerve to ask me why I could possibly need to carry given my physical condition. Before I gave him the long-form response I asked him who could be in greater need of a weapon than s person who's incapable of offering physical resistance. Fight or flight? I say, "Shoot or you'll never scoot."
To Carolina Don:
The reason North Carolina can't pass Tennessee-style laws (or much of anything in terms of pro-gun legislation) is that The Stupid Party gave The Evil Party defacto control of redistricting when the districts were last drawn (long story) and hardcore liberals are now running an essentially conservative state. Little is likely to change unless YOU change it in November.
FPV
Remember the illegal confiscations that occurred during Hurricane Katrina?
The same thing can easily happen here in NC.
I guess the Governor and the NC Legislature think that in a state of emergency EVERYONE is just going to love one another and help each other as much as they possibly can. What planet are these people from? Look back at Katrina. IT WASN'T A PERFECT WORLD!! There were unstoppable lootings, shootings, and robberies. Even police officers violated their own oaths to protect and serve and joined in the anarchy. I agree with the other posts which say a state of emergency is one of the times when we need firearms the most. I truly hope we get these people out of our lives in November.
one need not look at Katrina. California has confiscated firearms with no emergency in sight following, you guessed it, registration.
They even wanted one of mine, which they did not get. NOr will they. Not as brave as it sounds, I bought it there and flew home with it. My! How times have changed! However, did I live there I would not have registered it, and it would only have been confiscated after and if I lost the gunfight.
Now what about the infringements on carrying in restaurants, places that charge admission, and "gathering of people" like parades and demonstrations? These are unconstitutional as well.
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