North Carolina Supreme Court case challenges state ban on firearm possession by felons
State officials and law enforcement organizations are asking the North Carolina Supreme Court to uphold the state’s Felony Firearms Act in State v. Ducker.
A case before the North Carolina Supreme Court is challenging the constitutionality of the state law that prohibits people convicted of felonies from possessing firearms.
Attorney General Jeff Jackson, Gov. Josh Stein and several statewide law enforcement organizations are defending the law in State v. Ducker and asking the Supreme Court to uphold a conviction under North Carolina’s Felony Firearms Act.
The defendant in the case was previously convicted of attempting to flee from police while speeding and driving recklessly on a revoked license and of twice violating domestic violence protective orders, according to the North Carolina Department of Justice.
He was later found in possession of a firearm and convicted under the state’s prohibition on firearm possession by people convicted of felonies.
The North Carolina Court of Appeals upheld the conviction. The defendant is now asking the state Supreme Court to overturn it, arguing that the firearm restriction violates the state and federal constitutions.
Jackson’s office is asking the Supreme Court to affirm the conviction.
The North Carolina Conference of District Attorneys, North Carolina Sheriffs’ Association, North Carolina Association of Chiefs of Police and North Carolina Police Executives Association have submitted a brief supporting the state’s position.
Stein also filed an amicus, or friend-of-the-court, brief supporting the state’s defense of the law.
The case places North Carolina’s firearm restriction within a broader legal debate over how constitutional protections for gun ownership apply to people with prior criminal convictions.
The state argues that the General Assembly has the authority to prohibit firearm possession by people convicted of felonies as a public-safety measure.
“The Felony Firearms Act represents North Carolina’s commonsense determination that people who have committed violent crimes are more likely to misuse firearms and put innocent people at risk,” Stein said in announcing his filing.
Jackson said the state is seeking to preserve the law and the conviction.
The Supreme Court’s eventual decision could have consequences beyond the defendant’s individual case because it may determine how North Carolina’s prohibition on firearm possession by convicted felons is applied under state and federal constitutional protections.
No final ruling has been announced.
Editor’s note: This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.
