A Non-violent Felon’s Right to Bear Firearms
Monday, September 21st, 2015
The North Carolina case Britt v. North Carolina serves as a breakthrough precedent for North Carolinians who lost their right to bear arms due to felony charges. In 1979, Barney Britt plead guilty to PWISD methaqualone (possession with intent to sell and deliver–a central nervous system depressant). He was sentenced to 4 months in prison and probation thereafter. At the end of his sentence in 1987, Mr. Britt’s rights as a North Carolina citizen were fully restored, including the right to bear arms. In 2004, N.C.G.S. §14-415.1 declared it unlawful for any felon to bear any type of firearm despite their reason. Britt sued the state arguing that this new law was unconstitutional. After several hearings and appeals, his case was taken to the Supreme Court where the jury ruled in Britt’s favor. Arguably, Britt served his sentence as a convicted nonviolent felon, and 30 years later had not committed any crime despite that he possessed firearms. Ultimately, Britt had “affirmatively demonstrated that he is not among the class of citizens who pose a threat to public peace and safety” and therefore, a regulation that prohibited him from possessing a firearm could not be “fairly related to the preservation of public peace and safety.”
A year after the Supreme Court ruled in Britt’s favor, North Carolina General Assembly enacted N.C.G.S. §14-415.4, allowing a person convicted of a nonviolent felon to bear firearms, as long as they are in compliance with the statute criteria (i.e., having served their sentence, convicted of only one felony—or multiple felonies arising from the same event, etc). The law took effect on February 1, 2011.
It will be interesting to see how North Carolina’s new law will be observed nationally. With such controversy over the right for even non-felon citizens to bear arms, it’s likely that many Americans will disagree with this statute. As we know, federal authorities and courts hold the final decision on federal law, but this new law may accomplish the General Assembly’s goal of restoring firearm rights to those convicted of a felony in other states – following the example of North Carolina – if not nationwide.
By Amber Younce, Legal Assistant
As the eve of the 14th anniversary of the September 2011 terrorists’ attack approaches, many Americans find themselves feeling uneasy and vulnerable. Naturally we remember this day as a day of distress all throughout the nation—families destroyed to those who lost their lives and as a whole, and a country known as arguably the most powerful in the world at a frightful standstill.
It’s finally here, a three-day weekend! Although for most of us Labor Day weekend marks unofficial end to summer, it’s also a great time to catch up with family and friends at the beach and spend some quality family time before it starts to cool off.
Independence Day originally started as a celebration for the United States liberation from Great Britain. Over the years, culture has shifted, and this has become a day when people of all ages flock towards the beaches for relaxation and time with family and friends. Popular hangout spots, such as Masonboro Island, Mason’s Inlet, and the North End at Carolina Beach, have drawn crowds to Wilmington. Due to an increase in safety concerns in the area during popular holidays, such as Memorial Day and July the fourth, law enforcement has increased patrols and monitoring of the waterways, beaches, and surrounding areas.
This past Memorial Day weekend, Wilmington officials reported numerous traffic violations and accidents. According to news sources, there were approximately six deadly crashed that occurred throughout the state, one of which tragically took the lives of a newborn and toddler in Pender County. In all, seven people lost their lives in these accidents over the weekend. Half of these incidents occurred in the Cape Fear region. The number of fatal crashes has reduced since last year, however, one life lost is still one too many. Always wear your seatbelt and be alert and aware of your surroundings.
On Tuesday night, May 12, 2015, an Amtrak train traveling from Washington, DC to New York City derailed in the Port Richmond neighborhood of northeast Philadelphia, leaving at least seven people dead and more than 200 injured. At 9:30p.m, during this seemingly normal commute, Amtrak Northeast Regional Train 188 approached a bend, traveling at a speed of 106 MPH, more than twice the speed limit (of 50 MPH) in this area of the track.
This weekend, April 8-12, 2015, is the 68th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture. The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.
Over the past few years, thanks to technology advancement, Americans have made cell phone or smart phone use part of their daily lives. Many even consider it a necessity to have their phone on them at all times for work or personal purposes. Cell phones are designed to provide us with the convenience of communication while on the go, and now smart phone owners have access not only to communicate via telephone but they can also access text messaging, emails, music, games, social media, and so much more. Cell phones were created to make life easier and more efficient, but when used irresponsibly, they can have disastrous consequences.
A new policy in the Fifth Prosecutorial District that affects youths charged with underage drinking has gone into effect as of late November of 2014. This new policy will reshape the requirements for those who enter into a deferred prosecution agreement for an underage drinking charge. The goal of this new program is to help young offenders by teaching them the risks and consequences of underage alcohol consumption as well as avoiding a permanent mark on their criminal record. This program will only be offered to first time offenders that have not previously been convicted of any drug or alcohol crimes.
Generally, the fact that one was charged with a crime remains on their record regardless of the disposition of the charge, unless the charge gets expunged. An expungement in North Carolina is the eradication of one’s criminal record by court order. The effects of an expunction or expungement are outlined in N.C.G.S. § 15A-153 and include that upon expunction one may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred.