Tuesday, September 1, 2009

Court Says North Carolina Felon Is Allowed To Own Guns- First Ruling Of It's Kind

A North Carolina felon has regained his right to own guns. He was convicted of selling Qualuudes in 1979 and had his rights restored in 1987, and believing they included owning guns, bought some for hunting. When a sheriff told him his possession was illegal, he disposed of them. The Highest Court in the state believed the drug crime was nonviolent.

The North Carolina Supreme Court in overturning a lower Appellate Court opinion said," Plaintiff, through his uncontested lifelong nonviolence towards other citizens, his thirty years of law abiding conduct since his crime, his seventeen years of responsible, lawful firearm possession between 1987 and 2004, and
his assiduous and proactive compliance with the 2004 amendment,
has affirmatively demonstrated that he is not among the class of
citizens who pose a threat to public peace and safety."

The Court further held that, "Based on the facts of plaintiff’s crime, his long postconviction history of respect for the law, the absence of any
evidence of violence by plaintiff, and the lack of any exception
or possible relief from the statute’s operation, as applied to
plaintiff, the (state's law) is an unreasonable regulation, not fairly related to the preservation of public peace and safety. In particular, it is unreasonable to
assert that a nonviolent citizen who has responsibly, safely, and
legally owned and used firearms for seventeen years is in reality
so dangerous that any possession at all of a firearm would pose a
significant threat to public safety."

Many believe that when a nonviolent felon has paid his debt to society, that the person should have full rights restored, but anti gun groups are furious. However, this ruling was not a blanket ruling and only applies to this one nonviolent felon's's gun ownership.

The Bradys are likely to one again become apoplectic, and exploit this case as a fund raising opportunity.

A good North Carolina attorney who may be asked by a felon, like this one, to have his gun rights restored would have to try to find facts in a fact pattern in his own client's case that are similar enough to this new case for the ruling to apply to anyone else.

8 comments:

Kevin said...

it's about time. People should follow state laws not the federal governments laws that infringe on a person's 2nd ammendment. Especially non-violent crimes and with non-violent people. The Federal government needs to get out of the way of the people. Leave us alone. enough already

Anonymous said...

HE IS NOT ELIGIBLE UNDER FEDERAL
LAW A CONVICTED FELON CANNOT OWN
A FIREARM ACCORDING TO FEDERAL
STATUES

Anonymous said...

THE SECOND AMENDMENT IS ONLY
MENTIONED IN THE CONSTITUTION
WHICH IS BY THE WAY A FEDERAL DOCUMENT WITHOUT IT WE WOULD NOT HAVE ANY RIGHT'S ARE YOU KIDDING
FREEDOM DOES NOT COME FREE SOME OF US HAD TO FIGHT FOR IT SOME
PAYED THE PRICE WITH THERE VERY
LIFE'S THIS MAN BROOK THE LAW
AND THE PENALTY FOR BREAKING THE LAW IF YOU SPEND MORE THAN ONE YEAR IN JAIL YOU LOSE YOUR RIGHTS AS A CITIZEN HE SHOULD HAVE THOUGHT OF THAT BEFORE.

Anonymous said...

I agree with Kevin. If a citizen that has paid his debt to society for a non violent crime and hes been a good boy for twenty years and isnt on drugs or a alcoholic then he should have the wright to hunt and protect his family. And yes he is eligible because the feds allows states to set there own gun laws.

Anonymous said...

16 years ago I joined the life long club of being a convicted felon. While I was a college student I stole something.

Does this make me a permanent danger to society? Apparently so.

There should be relief for one time offenders demonstrating positive attributes in life.

Sucking said...

The 2nd Amendment within the fist sentence states the words SHALL NOT BE INFRINGED.

It did not say EXCEPT CRIMINALS.

Now I don't want criminals to have guns but laws don't have any effect on that opinion, and there is a difference between a criminal and someone convicted of a felony.

IMHO Anyone convicted of a Felony of any kind (Yes violent crimes as well) that has demonstrated by lack of arrests that they have been a responsible member of society and pose no threat to any member of society for a period of 10 years SHOULD by that merit have all of their rights restored.

Sucking said...

Just thought of another point.
Ever heard of Wyatt Earp? He was a famous western lawman. When he was still young he stole a horse and should have been hung had he not escaped the law. WHAT? Yes he was a past criminal - a felon if you will. YET he became one of the best know lawmen of all time.
How could this be? Because he was given a chance! His mistake didn't have to haunt him for his entire life - and in today's world a person's mistake should not have to haunt them for thier life either.

Anonymous said...

After 17 years of living the label of 'convicted felon' and seeing rules, regulations, and laws continue to hurt one time offenders, I decided to make a web page for people like me. We need to organize as a political lobby group and get back our rights.

www.2ndchanceNC.com