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Criminal Law

: Grits for Breakfast

North Carolina Supreme Court finds ex-felons have gun rights; Texas Constitution has stronger language, could it happen here?

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Eugene Volokh at the Volokh Conspiracy and Doug Berman at Sentencing Law and Policy bring word of an opinion issued yesterday in Britt v. State (available here) by the North Carolina Supreme Court finding that some felons have a "right to bear arms." The case involved a man with a felony drug conviction from 1979 with a clean history thereafter.The ruling was based on North Carolina's state constitution. While I'm not a lawyer, from the descriptions by these two law professors it sounds like North Carolina's constitutonal right to bear arms is actually less strong than ours in Texas'. According to the North Carolina opinion, their constitutional standard reads that:?A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed...continue to full post

Full post as published by Grits for Breakfast on August 29, 2009 (boomark / email).

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