Booth v. State

TYSON, Judge.

*377 Lee Franklin Booth ("Plaintiff") appeals from order granting summary judgment in favor of the State of North Carolina ("Defendant"). We affirm.

I. Factual and Procedural Background

In September 1981, Plaintiff pleaded guilty to one count of non-aggravated kidnapping. Plaintiff's crime did not involve the use of a *378 firearm. Plaintiff served a twenty-six-month term of imprisonment and was released from parole on 30 December 1985.

At the time Plaintiff was released from incarceration, N.C. Gen. Stat. § 14415.1 , the North Carolina Felony Firearms Act ("the NC FFA"), only prohibited…