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Friday, May 24, 2024

You Think Bruen Did Not Matter?

 State v. Radowski (N.C.App. 2024):

When the application of a statute impedes conduct protected by the plain text

of the Second Amendment, it is presumptively unconstitutional. To overcome this

presumption, the State must demonstrate that its regulation is consistent with, or

analogous to, this Nation’s historical tradition of firearm regulation. The State failed

to demonstrate that regulating Defendant’s possession of firearms, which were kept

within a vehicle that was parked in the university hospital parking lot where

Defendant was seeking emergency medical care, is consistent with this Nation’s

historical tradition of firearm regulation. As an alternative ground for reversal, the

State failed to present substantial evidence that Defendant knowingly possessed a

firearm on educational property.

  

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