This morning, the Federal District Court for the Eastern District of North Carolina struck down North Carolina's ban on possession of firearms outside during a state of emergency.
Opinion here: http://www.archive.org/download/gov....07258.87.0.pdf
Two very noteworthy aspects of this decision.
1.The court held clearly that the 2A applies outside the home:
2. The court applied Strict Scrutiny to the statute.
Opinion here: http://www.archive.org/download/gov....07258.87.0.pdf
Two very noteworthy aspects of this decision.
1.The court held clearly that the 2A applies outside the home:
It cannot be seriously questioned that the emergency declaration laws at issue here burden conduct protected by the Second Amendment. Although considerable uncertainty exists regarding the scope of the Second Amendment right to keep and bear arms, it undoubtedly is not limited to the confines of the home. In Heller, the Supreme Court found that the Second Amendment includes ~the right to 'protect [] [onself] against both public and private violence,' thus extending the right in some form to wherever a person could become exposed to public or private violence."
2. The court applied Strict Scrutiny to the statute.
Applying the Fourth Circuit ' s reasoning in Masciandaro, the court finds that the statutes at issue here are subject to strict scrutiny.