{"id":3309,"date":"2012-05-08T22:38:00","date_gmt":"2012-05-08T22:38:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2012\/05\/08\/north-carolina-will-not-appeal-bateman\/"},"modified":"2019-08-16T18:18:27","modified_gmt":"2019-08-16T18:18:27","slug":"north-carolina-will-not-appeal-bateman","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=3309","title":{"rendered":"North Carolina Will Not Appeal Bateman Ruling"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:15832,&quot;href&quot;:&quot;http:\\\/\\\/www.saf.org\\\/viewpr-new.asp?id=402&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>The state of North Carolina will not be appealing their loss in <i>Bateman v. Perdue<\/i> which found the emergency powers ban on off-premises firearms and ammunition to be unconstitutional. In speaking with Alan Gottlieb at the NRA Annual Meeting, I got the impression that it would be OK with the Second Amendment Foundation if North Carolina <u>did<\/u> appeal. The rationale is that a win in the 4th Circuit would help to expand Second Amendment rights beyond just the state borders of NC. As it is, while <i>Bateman<\/i> is a welcome win and will be cited in future cases involving the Second Amendment, it does not carry the same weight as if the ruling came from the Court of Appeals.<\/p>\n<p>The Second Amendment Foundation released <a href=\"http:\/\/www.saf.org\/viewpr-new.asp?id=402\" target=\"_blank\" rel=\"noopener\">the following statement<\/a> regarding North Carolina&#8217;s decision not to appeal the ruling.<\/p>\n<blockquote><p><i>BELLEVUE, WA \u2013 North Carolina\u2019s failure to appeal a federal judge\u2019s ruling that struck down the state\u2019s emergency power to ban firearms and ammunition outside the home during a declared emergency adds one more Second Amendment victory to the court record being established by the Second Amendment Foundation.<\/p>\n<p>\u201cWhen the anti-gun lobby claims that courts have not struck down any laws on Second Amendment grounds,\u201d noted SAF founder and Executive Vice President Alan Gottlieb, \u201cthey deliberately ignore the fact that the District of Columbia\u2019s handgun ban was overturned. Likewise, Chicago\u2019s ban was stricken by McDonald v. City of Chicago, as was the city\u2019s ban on gun ranges. Maryland\u2019s draconian regulations on concealed carry were struck down, and so was the Massachusetts ban on firearms ownership by legal alien residents. Part of Omaha\u2019s registration law was overturned, and now North Carolina\u2019s emergency powers gun ban has fallen.<\/p>\n<p>\u201cAll but one of those cases,\u201d he added, \u201cwere filed by SAF, and in the Heller case against Washington, D.C.s ban, SAF filed an important amicus brief.\u201d<\/p>\n<p>Gottlieb said North Carolina\u2019s decision not to appeal their loss, \u201cfrees the foundation to file more legal actions against cities and states that still have laws on the books that violate our constitutional rights.\u201d There are now at least six federal court victories to SAF\u2019s credit, knocking down laws that infringed on Second Amendment rights, and Gottlieb is confident more are coming.<\/p>\n<p>\u201cThe North Carolina case should send a message to other states and municipalities with similar emergency powers laws that violate civil rights that they should remove those restrictions immediately,\u201d he stated.<\/p>\n<p>\u201cI want to thank our plaintiffs, our legal team, our staff and in particular, our members and donors who have made all of these victories possible,\u201d Gottlieb said. \u201cThree of these victories, including Bateman v. Purdue in North Carolina, affirm that the Second Amendment doesn\u2019t stop at your front door, like the gun prohibition lobby claims.<\/p>\n<p>\u201cWinning firearms freedom one lawsuit at a time is a long, slow and expensive process, but SAF is committed to it,\u201d he concluded.<\/i><\/p><\/blockquote>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>The state of North Carolina will not be appealing their loss in Bateman v. Perdue which found the emergency&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"footnotes":""},"categories":[1],"tags":[1240,1241,104,19],"class_list":["post-3309","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-bateman-v-perdue","tag-emergency-powers-gun-ban","tag-north-carolina","tag-second-amendment"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/3309","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3309"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/3309\/revisions"}],"predecessor-version":[{"id":7969,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/3309\/revisions\/7969"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3309"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3309"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3309"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}