Legal Opinion
State v. Fernandez
Court of Appeals of North Carolina
Decided November 21, 2017No. COA17-322PublishedCited by 8 opinions
1Opinion of the Court
HUNTER, JR., Robert N., Judge.
*539 Victor Manuel Fernandez ("Defendant") appeals his conviction of possession of a firearm by a felon. Defendant contends *540 N.C. Gen. Stat. § 14-415.1 , which generally prohibits felons from possessing firearms, was unconstitutional as applied to him. We disagree and find no error in the trial court's judgment.
I. Factual and Procedural Background
On 19 September 2016, Defendant was indicted for possession of a firearm by a felon under N.C. Gen. Stat. § 14-415.1 (2016).
On 10 October 2016, Defendant filed a motion to dismiss the indictment contending N.C. Gen. Stat. §…
2Cases cited14 opinions
- District of Columbia v. HellerSupreme Court of the United States · 2008
- United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010
- United States v. ChesterCourt of Appeals for the Fourth Circuit · 2010
- United States v. MasciandaroCourt of Appeals for the Fourth Circuit · 2011
- James Hamilton v. William PallozziCourt of Appeals for the Fourth Circuit · 2017
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3Cited by8 opinions
- State v. DuckerCourt of Appeals of North Carolina · 2025
- State v. GuerreroCourt of Appeals of North Carolina · 2021
- State v. GuerreroCourt of Appeals of North Carolina · 2021
- State v. HalesCourt of Appeals of North Carolina · 2022
- State v. HalesCourt of Appeals of North Carolina · 2022
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