Johnston v. State

STEELMAN, Judge.

The North Carolina Felony Firearms Act (Act) does not violate plaintiff’s procedural due process rights under the Constitution of the State of North Carolina or the Constitution of the United States. We remand plaintiff’s federal substantive due process claim to the trial court for consideration of additional evidence and application of the appropriate standard of review. We remand plaintiff’s State substantive due process claim to the trial court for additional evidence and findings.

*284I. Factual and Procedural History

On 17 August 2010, Richard Johnston (plaintiff) filed a…