Bateman v. Perdue
2012 U.S. Dist. LEXIS 47336
E.D.N.C.2012Background
- North Carolina enacted emergency-declaration statutes in 1969 as part of the Riot Control Act.
- § 14-288.7 bans transporting or possessing deadly weapons or ammunition off premises during an emergency.
- Other statutes authorize officials to impose prohibitions on possession, transport, sale, storage, and use during emergencies (municipal, county, gubernatorial powers).
- Violations during emergencies are Class 2 or Class 3 misdemeanors depending on origin of declaration.
- “Dangerous weapons and substances” include deadly weapons, ammunition, explosives, incendiaries, radioactive materials, etc.
- Plaintiffs challenge these laws as applied and seek declarations and injunctions invalidating them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency-declaration laws burden Second Amendment rights as applied | Challenged as-applied burden on self-defense and hunting | Regulations serve public safety and are narrowly tailored | Yes, laws burden Second Amendment rights as applied; must be narrowly tailored |
| Whether the statutes are facially invalid | Statutes invalid in all applications | Some arrangements could be valid under certain circumstances | Facial challenge unnecessary given as-applied invalidation |
| What standard of review applies to as-applied challenge | Strict scrutiny for core Second Amendment burdens | Less-than-strict scrutiny possible where outside-home rights are burdened | Strict scrutiny applies; statutes fail under that standard |
Key Cases Cited
- United States v. Chester, 628 F.3d 673 (4th Cir. 2010) (adopts two-part test for as-applied challenges to Second Amendment)
- Masciandaro v.Wood, 638 F.3d 458 (4th Cir. 2011) (outside-home burdens subject to intermediate or strict scrutiny depending on core rights)
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (recognizes individual Second Amendment right and limits, including home self-defense)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (incorporation of Second Amendment to states; allows regulation)
- Marzzarella v. Masler, 614 F.3d 85 (3d Cir. 2010) (recognizes varying levels of scrutiny for firearm regulations)
- Turner Broad. Sys. v. FCC, 512 U.S. 622 (1994) (framework for reviewing regulation of speech and related interests)
- Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 (1997) (recognizes significant government interest in public safety)
- United States v. Carter, 669 F.3d 411 (4th Cir. 2012) (confirms important government interests in public safety and regulation)