State v. Mercer, 373 N.C. 459

On March 30, 2016, a large group (the “Mingo group”) confronted Sydney Mercer and friends outside Mercer’s home; shots were fired during the altercation. Mercer, a convicted felon, took a gun from his cousin, pointed and fired once while under threat, returned the gun when it jammed, and later surrendered to police.
Mercer was indicted for possession of a firearm by a felon under N.C.G.S. § 14-415.1 and tried in March 2017.
At trial Mercer requested a jury instruction that justification (self-defense) could excuse possession; the trial court denied the request and Mercer objected.
During deliberations the jury asked whether justification could apply despite Mercer’s felon status; the court re-read the possession instruction only. The jury convicted Mercer of felon-in-possession.
The Court of Appeals vacated and remanded for a new trial. The North Carolina Supreme Court granted review, held that a justification defense may exist under § 14-415.1 in narrow, extraordinary circumstances, adopted the Deleveaux four-factor test, found Mercer presented sufficient evidence to warrant a justification instruction, and concluded the trial court’s failure to instruct was prejudicial — ordering a new trial.

Issue	State's Argument	Mercer’s Argument	Held
Whether justification is a common-law defense to a charge under N.C.G.S. § 14-415.1 (felon-in-possession).	The statute broadly prohibits any felon from possessing any firearm; no exception should apply (trial court denied instruction).	Justification (self-defense) can excuse possession in appropriate circumstances.	The Court recognized justification may be available in narrow, extraordinary circumstances and adopted the Deleveaux four-factor test.
Whether Mercer was entitled to a jury instruction on justification and whether the denial was prejudicial.	Evidence was insufficient; instruction not required and any error harmless.	Evidence (viewed in Mercer’s favor) met each Deleveaux factor; jury’s question shows the issue was material.	Viewed in the light most favorable to Mercer, the evidence satisfied the Deleveaux factors; failure to instruct created a reasonable possibility of a different result → new trial.

United States v. Deleveaux, 205 F.3d 1292 (11th Cir. 2000) (articulated four-factor test used to assess justification in felon‑in‑possession cases)
State v. Floyd, 369 N.C. 329, 794 S.E.2d 460 (N.C. 2016) (elements of felon‑in‑possession offense)
State v. Mash, 323 N.C. 339, 372 S.E.2d 532 (N.C. 1988) (review standard for whether evidence supports jury instruction on a defense)
State v. Locklear, 363 N.C. 438, 681 S.E.2d 293 (N.C. 2009) (trial court must give a requested instruction if it is correct and supported by the evidence)
United States v. Paolello, 951 F.2d 537 (3d Cir. 1991) (federal authority emphasizing a high evidentiary threshold for justification in felon‑in‑possession cases)