Seattle Gun Rights Examiner Dave Workman and Charlotte Gun Rights Examiner Paul Valone are justifiably proud of their organizations’ (Second Amendment Foundation and Grass Roots North Carolina, respectively) federal court victory, announced yesterday, striking down the state’s law banning carrying firearms during declared emergencies. From SAF’s press release:
In his opinion, Judge Malcolm J. Howard, senior United States district judge for the Eastern District of North Carolina, wrote, “…the court finds that the statutes at issue here are subject to strict scrutiny…While the bans imposed pursuant to these statutes may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment.”
Earlier this month, we discussed another SAF victory, in which federal judge Benson E. Legg ruled that Maryland’s requirement that applicants for a concealed carry permit articulate a “good and substantial” reason for needing to carry a defensive firearm (self-defense is not “good and substantial” enough for them) violated the Second Amendment’s guarantee of the right to keep and bear arms. Anti-gun groups like the Coalition to Stop Gun Violence and the Brady Campaign have been in a state of apoplexy ever since.
Judge Howard’s North Carolina decision, though, should perhaps disturb them even more. In ruling that laws restricting the carrying of weapons outside the home (recent court decisions have shown more deference to gun rights inside the home than out) are subject to “strict scrutiny”–the highest hurdle a law can be required to clear in order to be found Constitutional–Howard’s decision went further than Legg’s did.
If this precedent of applying strict scrutiny to gun laws–in and out of the home–becomes well established, every one of the tens of thousands of gun laws in the United States faces a tough new test.
As gratifying as it is that a federal court in the eastern part of North Carolina realizes that the Constitutional guarantee of the fundamental human right of the individual to keep and bear arms is not conditional on pleasant weather, the larger implication–that federal judges are starting to apply strict scrutiny to gun laws–carries great significance right here in St. Louis, as well.
- Maryland ruling in favor of defensive firearm carry likely to survive appeal
- BREAKING: Bellevue beats another gun law on 2A grounds
- Bateman Is Another Win For Alan Gura
- The Second Amendment Foundation On The Bateman Win
- Gura Strikes Again
- Grass Roots North Carolina On Their Win In The Bateman Case
- Court strikes down N.C. gun ban