Legal Opinion · Dissent

Britt v. State

Supreme Court of North Carolina

Decided August 28, 2009No. 488A07Published

1DissentChief Justice Parker

In my view N.C.G.S. § 14-415.1 as applied to plaintiff does not violate Article I, Section 30 of the North Carolina Constitution. Accordingly, I respectfully dissent.

Justice TIMMONS-GOODSON dissenting.

Because the majority has crafted an individualized exception for a sympathetic plaintiff, thereby placing North Carolina in the unique position of being the first jurisdiction, either federal or state, to hold that the inherent police power of the State must yield to a convicted félon’s right to own a firearm, I respectfully dissent. Plaintiffs right to possess a firearm is not absolute, but…

2Cases cited15 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. Caperton v. A. T. Massey Coal Co., Inc.Supreme Court of the United States · 2009
  3. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  4. United States v. EmersonCourt of Appeals for the Fifth Circuit · 2001
  5. Logan v. United StatesSupreme Court of the United States · 2007

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