By Richard C. Evey
Libertarian/Patriot
The North Carolina Supreme Court ruled last week that the state statute making it “unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care or control any firearm” is unconstitutional.
The party in question pleaded guilty of felony possession with intent to sell and deliver the controlled substance methaqualone (drugs) in 1982. The crime was non-violent and no weapon was involved. The person served his term in prison and was a law-abiding citizen since his release from prison. The North Carolina General Assembly changed the law in 1995 and 2004, making the possession of a firearm by a felon illegal, but with no grandfather clause. The man, Barney Britt, then turned in his weapons to the local law enforcement people.
The court did state that the application of the state statute was unconstitutional “as applied to this plaintiff.”
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