Originally Posted by Wildalaska
I'll rephrase: would a ban on carrying guns outside ones own home or property during a declared emergency pass muster?
In the instant case, given the legislative reasoning, "public safety authorities are unable to maintain public order or afford adequate protection for lives or property,¹
" such a law will fail both facially and as applied.
In general however, assuming that the legislature articulated a compelling governmental interest, then such a law would probably withstand facial challenges. As Applied, would be a different game, yes?
The "problem" as I see it, is that until now, the RKBA has not been federally incorporated as a fundamental right, therefore barring such a decision at the State level, legislatures (both State and Federal) passing gun laws have not had to articulate any compelling reasons whatsoever.
¹ North Carolina Gen. Stat. § 14-288.1(10)