State v. FernandezÂ
256 N.C. App. 539
| N.C. Ct. App. | 2017Background
- Defendant Fernandez, a convicted felon (convicted in 2005 of possessing a sawed-off shotgun), was charged in 2016 with possession of a firearm by a felon under N.C. Gen. Stat. § 14-415.1 after deputies investigating a reported burglary observed and recovered a shotgun in his bedroom.
- Deputies responded to a burglary report by Fernandez, observed part of a shotgun butt/barrel protruding from clothing on the bedroom floor, removed the firearm for safety, and Fernandez admitted the firearm was his.
- Fernandez moved to dismiss the indictment and alternatively moved to suppress evidence as obtained in violation of the Fourth Amendment; he also raised as-applied Second Amendment and North Carolina constitutional challenges to § 14-415.1.
- The trial court denied the suppression motion (officer could pick up the weapon for safety) and denied motions to dismiss, finding the statute constitutional as applied. A jury convicted Fernandez; he was sentenced within the presumptive range.
- On appeal Fernandez argued § 14-415.1 impermissibly infringed his federal and state constitutional rights to keep and bear arms as applied to him. The Court of Appeals reviewed de novo and considered both federal and state constitutional frameworks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 14-415.1 violates the Second Amendment as applied | State: statute is a valid felon-disarmament regulation; felons are not "law-abiding, responsible citizens" | Fernandez: his individual right to keep arms in the home is protected; statute as applied to him is unconstitutional | Court: affirmed denial of dismissal — under Fourth Circuit/Hamilton analysis a convicted felon cannot make an as-applied Second Amendment claim absent pardon or voided conviction |
| Whether § 14-415.1 violates Article I, § 30 of the N.C. Constitution as applied | State: statute is a reasonable exercise of police power to protect public safety | Fernandez: statute unconstitutionally prohibits him from possessing firearms in his home given his circumstances | Court: statute is a reasonable regulation as applied; applying Britt/Whitaker factors the prior violent felony, subsequent convictions, and admitted unlawful possession weigh against defendant |
| Whether evidence should have been suppressed (Fourth Amendment) | State: deputies were investigating a burglary; officer could seize the visible firearm for safety without a warrant | Fernandez: seizure/search invalid absent warrant or exigent circumstances | Court: denial of suppression affirmed — officer lawfully picked up an obviously visible firearm for safety |
| Whether trial court erred procedurally in addressing motions | Fernandez: challenged denial and lack of written response to early motion to dismiss | State: procedural objections insufficient to negate substantive rulings | Court: no reversible error; substantive rulings supported by law and record |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (individual right to possess firearms for self-defense in the home)
- U.S. v. Chester, 628 F.3d 673 (4th Cir.) (two-prong test for Second Amendment challenges)
- Hamilton v. Pallozzi, 848 F.3d 614 (4th Cir.) (felonial status removes one from "law-abiding, responsible citizens" class for as-applied challenges)
- Johnston v. State, 224 N.C. App. 282 (N.C. Ct. App.) (applied intermediate scrutiny and Chester framework to N.C. Felony Firearms Act)
- Britt v. State, 363 N.C. 546 (N.C.) (state constitutional standard: regulation must be reasonable and bear fair relation to public safety)
- State v. Whitaker, 201 N.C. App. 190 (N.C. Ct. App.) (five-factor test for as-applied challenge under N.C. Constitution)