North Carolina ‘Emergency Powers’ Gun Ban Axed
April 2, 2012 by Sam Rolley
The Second Amendment Foundation secured a victory in North Carolina for gun rights last week when a Federal judge did away with a rule that gave the State power to ban firearms and ammunition outside the home during a declared emergency.
The case, Bateman v. Purdue, was brought by the Second Amendment Foundation, Grass Roots North Carolina FFE and three individual plaintiffs against Governor Beverly Purdue and Reuben F. Young, secretary of the State’s Department of Crime Control and Public Safety.
Federal Judge Malcolm J. Howard ruled that “the Second Amendment right to keep and bear arms is not strictly limited to the home environment but extends in some form to wherever those activities or needs occur.”
“Under the laws at issue here, citizens are prohibited from engaging, outside their home, in any activities secured by the Second Amendment,” Judge Malcolm wrote in his opinion. “They may not carry defensive weapons outside the home, hunt or engage in firearm related sporting activities. Additionally, although the statutes do not directly regulate the possession of firearms within the home, they effectively prohibit law abiding citizens from purchasing and transporting to their homes firearms and ammunition needed for self-defense. As such, these laws burden conduct protected by the Second Amendment.”