Tag Archives: Firearms

Criminal Practice – Constitutional – Assistance of Counsel – Possession of a Firearm – Joinder – Confrontation Right – Cross-Examination – Pending Charges – Other Districts (access required)

State v. Alston (Lawyers Weekly No. 14-07-0300, 28 pp.) (Martha Geer, J.) Appealed from Chatham County Superior Court (Allan Baddour, J.) N.C. App. Holding: Even though G.S. § 14-415.1 – which makes it unlawful for felons to possess firearms – ...

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Constitutional – Right to Bear Arms – N.C. Firearms Act – Convicted Felon – Due Process – Substantive & Procedural Challenges (access required)

Johnston 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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Criminal Practice – Firearms – Constructive Possession – DVPO – Brother’s Vacation House (access required)

State v. Souther Where defendant lived alone in his brother’s vacation home for nine months, he was in constructive possession of the three guns there, two of which were behind the front door. We find no error in defendant’s conviction of possession of a firearm in violation of a domestic violence protective order (DVPO).

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