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Old July 11, 2010, 02:02 PM   #1
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,698
WIN!! Bateman v. Perdue: N.C. Emergency Powers Ban

On June 28, 2010, the Second Amendment Foundation and three private plaintiffs, represented by Alan Gura, filed suit (Case No. 5:10-cv-265) in the United States District Court for the Eastern District of North Carolina seeking a permanent injunction against North Carolina state, county and local officials from enforcing state laws "forbidding the carrying, possession, sale or purchase of firearms and ammunition during declared states of emergency."

The case, Bateman v Purdue, is significant because it focuses on carry outside the home and it also specifically addresses ammunition.

Two aspects of the case make it particularly interesting. First, it cites a recent state of emergency that was based on the potential effects of an expected snow storm ("On or about January 30, 2010, Defendant Perdue issued Executive Order 47, declaring a state of emergency throughout the entire state of North Carolina for up to thirty days."). Second, it cites part of the statute as a basis for overturning the statute ("The need for defensive arms is never more acute than “during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, [when] public safety authorities are unable to maintain public order or afford adequate protection for lives or property, or whenever the occurrence of any such condition is imminent.” N.C. Gen. Stat. § 14-288.1(10).").
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