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Old July 12, 2010, 08:07 AM   #18
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,546
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)
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