Baysden v. State

After review of the record and the applicable law, I believe that the North Carolina Felony Firearms Act, N.C. Gen. Stat. § 14-415.1 (2009), constitutionally applies to Plaintiff, and I would therefore affirm the trial court’s order granting summary judgment to the State on that issue. Accordingly, I would review Plaintiff’s other claims on their merits, and would affirm the trial court’s order with regard to those claims as well. Thus, I respectfully dissent.

I

I first address Plaintiff’s contention that the North Carolina Felony Firearms Act (the Act) is unconstitutional as applied to him, as…