Gun Rights Supporters:
Congratulations! You have won a great victory today as Grass Roots North Carolina and the Second Amendment Foundation won the Bateman v. Perdue lawsuit to strike down North Carolina’s “state of emergency” gun ban. You should also thank GRNC supporters Michael Bateman, Virgil Green and Forrest Minges, Jr., who were plaintiffs in the suit.
You’ll notice that I’m writing you on Rights Watch International letterhead. As you recall, RWI is GRNC’s educational and legal action arm, but more on that in a moment. Right now, on to the good news.
From GRNC’s press release
earlier today …
Writing for the U.S. District Court for the Eastern District of North Carolina, Senior U.S. District Judge Malcolm J. Howard today added another to the growing list of gun laws struck down on Second Amendment grounds.
State of Emergency Gun Ban
In Bateman et al. v. Perdue et al., at issue was the state’s blanket prohibition on carrying firearms outside the home during declared states of emergency. During numerous states of emergency involving hurricanes and other phenomena, lawful North Carolinians have been prevented from protecting themselves outside the home, including an incident in which King, NC posted the entire town against firearms in anticipation of a snowstorm. Plaintiffs for the case were gun rights organizations Grass Roots North Carolina, the Second Amendment Foundation, and citizens Michael Bateman, Virgil Green and Forrest Minges, Jr.
Second Amendment Scholarship
The Bateman decision further extends the right to bear arms outside the home. Extensively cited in the decision were the recent Supreme Court decision affirming an individual right to keep and bear arms in D.C. v. Heller, the “incorporation” of the Second Amendment in Mc Donald v. Chicago, and recent Fourth Circuit decisions in U.S. v. Chester and U.S. v. Masciandaro.
From the decision:
Citing from Masciandaro: “…the Second Amendment right to keep and bear arms ‘is not strictly limited to the home environment but extends in some form to wherever those activities or needs occur.'”
“It cannot be seriously questioned that the emergency declaration laws at issue here burden conduct protected by the Second Amendment…”
“…the statutes here excessively intrude upon plaintiffs’ Second Amendment rights by effectively banning them (and the public at large) from engaging in conduct that is at the very core of the Second Amendment at a time when the need for self-defense may be at its very greatest.”
In addition to the Heller and McDonald victories, attorney Alan Gura recently won a victory against Maryland’s restrictive handgun permit law in Woollard et al. v. Sheridan et al.
Said GRNC president Paul Valone: “Today gun rights supporters can celebrate not only the ability to protect themselves exactly when most needed, but more importantly our progress in returning the interpretation of the Second Amendment to what the Framers intended.”
What Bateman means to you:
Bearing arms outside the home
Thanks for standing strong. The NRA wanted you to tell legislators to repeal the state of emergency gun ban. But that would have rendered the lawsuit moot. It would have been dismissed. They sent you postcards telling you to beat up Republican NC senators for refusing to entertain the repeal.
But those senators held with GRNC …
and they held with you!
You resisted, you took the long view, and so did the NC Senate. As a result, you won more than just a victory against the ban, you have helped redefine how courts will treat the Second Amendment in the future.
Hard on the heels of Alan Gura’s other recent victory, in Woollard, this will expand your ability to carry firearms outside the home.
Another step in a long march
Frankly, the reason I am writing to tell of victory on Rights Watch letterhead is that the job isn’t done. Not even close. In Bateman, you’ve taken a step.
Earlier, you passed legislation to expand concealed carry into state and municipal parks, but..
Dozens of NC cities
are thumbing their noses at you!
Charlotte, Raleigh and Cary haven’t even bothered to remove “no firearms” signs from their parks.
Winston-Salem leads the pack of cities flouting your will by passing bans that go far beyond admissible limits, banning guns in something like 52 entire parks, lakes, greenways and hiking trails.
Now it’s time to take the next step
GRNC’s legal action arm, Rights Watch International, has retained North Carolina’s preeminent gun rights lawyer, Dan Hardway, to force cities to comply with the new parks carry law.
We recruited plaintiffs (although we are still looking for more), and put Winston-Salem on notice that if they continue to break the law, they will be punished.
Their response?
“… the City Council will not
entertain your request
that it amend its ordinance.”
How’s that for arrogance? As far as Winston-Salem is concerned, they have no obligation to comply with state law.
You’re just a peon, and your demand that the city comply is treated as a “request,” as if you were begging for tablescraps from the King.
So now Rights Watch is going after them. We intend to tear them to shreds in court.
But Rights Watch can’t beat Winston-Salem and other cities defying the law unless you contribute to the Rights Watch Legal Offense Fund.
Yeah, I hate “groveling for greenbacks” as much as you hate the solicitations. And I realize you may have just contributed to GRNC or the GRNC Political Victory Fund.
But each of GRNC’s three entities has a slightly different but related mission, and each is working within its own universe to expand your right to keep and bear arms. So please …
What I can promise you is that because we are all-volunteer organizations, GRNC, the GRNC Political Victory Fund, and Rights Watch International will put your money to more efficient, effective use in defending your rights than any other gun group.
