In 1969, North Carolina passed a series of statutes that were known as the North Carolina Riot Control Act of 1969. Collectively the laws prohibited the possession, transportation and even sale of firearms during declared states of emergency. Given North Carolina’s geographic location along the eastern seaboard, declarations of emergency are regularly declared in response to hurricanes. In fact, from 2004 until June, 2010 when the case was filed, over a dozen such declarations had been invoked, including a January 10, 2010 order, Executive Order 47 which declared a state of emergency throughout the entire state for up to thirty days. As a result, the individual plaintiffs, along with members of both Second Amendment Foundation and Grass Roots North Carolina were regularly subjected to severe restrictions on their right to keep and bear arms.
The Second Amendment Foundation, joined by 3 individuals and North Carolina state group Grass Roots North Carolina brought suit, arguing that the bans violated the Second Amendment as applied to its members, and the individual plaintiffs in the case. In a March 2012 Opinion, Judge Malcolm J. Howard of the Eastern District of North Carolina agreed, granting SAF’s Motion for Summary Judgment, and declaring the North Carolina statutes unconstitutional.
To access all of the case documents, please visit the docket.
Case Media
Case Team: Alan Gura, Andrew Tripp, Kearns Davis, Wes J. Camden
Recent Docket Activity
March 18th, 2013
ORDER AND JUDGMENT FOR FEES AND COSTS. Signed by Senior Judge Malcolm J. Howard on 3/18/2013.
August 3rd, 2012
RESPONSE to Motion regarding 90 MOTION for Attorney Fees and Costs Consent Order filed by Beverly Perdue, Reuben F. Young.
July 24th, 2012
Second MOTION for Extension of Time to File Response as to 90 MOTION for Attorney Fees and Costs by Beverly Perdue, Reuben F. Young.
June 25th, 2012
MOTION for Extension of Time to File Response as to 90 MOTION for Attorney Fees and Costs by Beverly Perdue, Reuben F. Young.
June 11th, 2012
MOTION for Attorney Fees and Costs by Michael Bateman, GRNC/FFE, Inc., Virgil Green, Forrest Minges, Jr, Second Amendment Foundation, Inc.
June 11th, 2012
Memorandum in Support regarding 90 MOTION for Attorney Fees and Costs by Michael Bateman, GRNC/FFE, Inc., Virgil Green, Forrest Minges, Jr, Second Amendment Foundation, Inc.
June 11th, 2012
Declaration regarding 90 MOTION for Attorney Fees and Costs by Alan Gura by GRNC/FFE, Inc., Forrest Minges, Jr, Virgil Green, Michael Bateman, Second Amendment Foundation, Inc. filed by GRNC/FFE, Inc., Forrest Minges, Jr, Virgil Green, Michael Bateman, Second Amendment Foundation, Inc.
