{"id":3410,"date":"2012-03-29T18:11:00","date_gmt":"2012-03-29T18:11:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2012\/03\/29\/second-amendment-foundation-on-bateman\/"},"modified":"2019-08-16T18:18:04","modified_gmt":"2019-08-16T18:18:04","slug":"second-amendment-foundation-on-bateman","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=3410","title":{"rendered":"The Second Amendment Foundation On The Bateman Win"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:16028,&quot;href&quot;:&quot;http:\\\/\\\/www.saf.org\\\/viewpr-new.asp?id=397&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;},{&quot;id&quot;:16029,&quot;href&quot;:&quot;http:\\\/\\\/onlygunsandmoney.blogspot.com\\\/2011\\\/06\\\/i-respectfully-disagree.html&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 Second Amendment Foundation, an organizational plaintiff in Bateman v. Perdue, <a href=\"http:\/\/www.saf.org\/viewpr-new.asp?id=397\" target=\"_blank\" rel=\"noopener\">released this concerning the win today.<\/a>&nbsp;There were those who had <a href=\"http:\/\/onlygunsandmoney.blogspot.com\/2011\/06\/i-respectfully-disagree.html\" target=\"_blank\" rel=\"noopener\">suggested that we go through the NC General Assembly<\/a> to get the Emergency Powers ban changed. Many of us in North Carolina as well as Grass Roots NC and the Second Amendment Foundation opposed that move while this case was still active. I think the judgment of SAF, GRNC, and those who felt it was important to wait for this victory was vindicated with Judge Howard&#8217;s decision.<\/p>\n<blockquote><p><i>SAF VICTORY STRIKES DOWN NORTH CAROLINA EMERGENCY POWERS GUN BAN <\/p>\n<p>For Immediate Release: 3\/29\/2012<\/p>\n<p>BELLEVUE, WA \u2013 A federal district court judge in North Carolina has just struck down that state\u2019s emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms.<\/p>\n<p>The case, Bateman v. Purdue, was brought by the Second Amendment Foundation, Grass Roots North Carolina FFE and three individual plaintiffs. Defendants in the case were Gov. Beverly Purdue and Reuben F. Young, secretary of the state\u2019s Department of Crime Control and Public Safety, in their official capacities. <\/p>\n<p>In his opinion, Judge Malcolm J. Howard, senior United States district judge for the Eastern District of North Carolina, wrote, \u201c\u2026the court finds that the statutes at issue here are subject to strict scrutiny\u2026While the bans imposed pursuant to these statutes may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment.\u201d<\/p>\n<p>\u201cWhen SAF attorney Alan Gura won the Heller case at the Supreme Court,\u201d noted SAF Executive Vice President Alan M. Gottlieb, \u201cthe gun ban crowd said that we were a \u2018one-trick-pony\u2019 and that we would never knock out another gun law. Well, SAF has now knocked out gun laws in Maryland, Illinois and North Carolina.<\/p>\n<p>\u201cWe filed this lawsuit on the day we won the McDonald case against Chicago,\u201d he added, \u201cextending the Second Amendment to all 50 states. This was part of our strategy of winning firearms freedoms one lawsuit at a time.\u201d<\/p>\n<p>Gottlieb pointed to language in Judge Howard\u2019s ruling that solidifies the Second Amendment\u2019s reach outside the home. The judge noted that the Supreme Court in Heller noted that the right to keep and bear arms \u201cwas valued not only for preserving the militia, but \u2018more important(ly) for self-defense and hunting.\u201d<\/p>\n<p>\u201cTherefore,\u201d Judge Malcolm wrote, \u201cthe Second Amendment right to keep and bear arms \u2018is not strictly limited to the home environment but extends in some form to wherever those activities or needs occur.&#8221;<\/p>\n<p>\u201cUnder the laws at issue here, citizens are prohibited from engaging, outside their home, in any activities secured by the Second Amendment,\u201d Judge Malcolm wrote. They may not carry defensive weapons outside the home, hunt or engage in firearm related sporting activities. Additionally, although the statutes do not directly regulate the possession of firearms within the home, they effectively prohibit law abiding citizens from purchasing and transporting to their homes firearms and ammunition needed for self-defense. As such, these laws burden conduct protected by the Second Amendment.\u201d<\/i><\/p><\/blockquote>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>The Second Amendment Foundation, an organizational plaintiff in Bateman v. Perdue, released this concerning the win today.&nbsp;There were those&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":1,"footnotes":""},"categories":[1],"tags":[1260,1240,384],"class_list":["post-3410","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-alan-gura","tag-bateman-v-perdue","tag-second-amendment-foundation"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/3410","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=3410"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/3410\/revisions"}],"predecessor-version":[{"id":7847,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/3410\/revisions\/7847"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3410"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3410"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3410"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}