Thursday, March 29, 2012

Bateman Is Another Win For Alan Gura

Bateman et al v. Perdue et al was the first Second Amendment case after the win in McDonald. It challenged North Carolina's Emergency Powers statutues. These statutes when invoked by either the Governor or local government officials banned the off-premises carry of firearms and ammunition during a declared state of emergency.

The case has been in the U.S. District Court for the Eastern District of North Carolina since June 2010 and today we have a decision.

From the order by Judge Malcom J. Howard:
IT IS ORDERED, ADJUDGED AND DECREED that the court GRANTS plaintiffs' motion for summary judgment and hereby DECLARES N.C. Gen.Stat §§ 14-288.7. 14-288.12(b), 14-288.13(b), 14-288.14(a) and 14-288.15(d)unconstitutional as applied to plaintiffs. The court DENIES defendants' motion to dismiss or, in the alternative for summary judgment.
In other words, a complete win!

I am in the process of reading Judge Howard's decision and will, of course, have a full summary as soon as possible.

As a North Carolinian, I want to thank Alan Gura and the Second Amendment Foundation for believing in us enough to make this the first post-McDonald case.

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