North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

The Right to Bear Arms and the Abominable Snowman: How Six Inches of Snow Swallowed a Fundamental Right

March 29, 2012

90 N.C. L. Rev. Addendum 84 (2012)

 

The impact of emergency declarations on the right to keep and bear arms hit a fever pitch with the impending landfall of Hurricane Earl in the fall of 2010. On September 1, Governor Perdue declared a state of emergency for the entire state, thereby restricting the right of anyone (except law enforcement) to carry firearms off their own premises. The restrictions imposed by the emergency declaration did not sit well with many North Carolina residents, especially hunters-the declaration came only three days before the opening day of dove season. In the aftermath of both of these declarations, and in light of the United States Supreme Court's recent holdings that the right to keep and bear arms is fundamental, the constitutionality of prohibiting individuals from carrying firearms off their own premises during a declared emergency should be reconsidered. This Recent Development will explore the constitutionality of section 14-288.7 of the North Carolina General Statutes-the statute that restricts the firearm rights of individuals when a state of emergency has been declared. 

 

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