Constitutional – Right to Bear Arms – N.C. Firearms Act – Convicted Felon – Due Process – Substantive & Procedural ChallengesJohnston v. State Assuming, without deciding, that the Second Amendment protects a convicted felon’s right to bear arms, we will apply the intermediate level of scrutiny to determine whether the N.C. Firearms Act violates plaintiff’s substantive due process rights. The state must have an opportunity to present evidence and argument to show a reasonable fit and substantial relationship between its goal – public safety -- and the Act.
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Published: December 21, 2012
Time posted: 9:44 am