SAF - Bateman vs. Perdue - no suspension of 2A in emergency

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Bruenor
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SAF - Bateman vs. Perdue - no suspension of 2A in emergency

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A reminder of the good work the Second Amendment Foundation does
Now that North Carolina’s Democrat Gov. Roy Cooper has declared a statewide emergency because of the spreading Coronavirus, the Second Amendment Foundation is reminding all Americans, especially Tar Heel State residents, their right to bear arms will not be impaired because of an important 2012 court victory in a case known as Bateman v. Perdue.

Cooper’s declaration activated the state’s Emergency Operations Center, but it did not suspend the Second Amendment right to keep and bear arms that was incorporated to the states via the 14th Amendment in another SAF case, McDonald v. City of Chicago, in 2010.

"We could not have foreseen that our case against North Carolina would ever keep citizens safe in this kind of emergency," said SAF founder and Executive Vice President Alan M. Gottlieb, "but we are delighted that no public official can arbitrarily render the state’s residents unable to defend themselves on the grounds of a declared emergency. That’s the time when honest citizens might need their firearms the most while away from home."

He recalled filing the lawsuit on the same day the U.S. Supreme Court handed down the landmark McDonald ruling in June 2010.

In striking down the state’s emergency power to ban firearms and ammunition outside the home during a declared disaster, Federal Judge Malcolm J. Howard subjected the law to strict scrutiny. Judge Howard wrote at the time, "While 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." His ruling was issued in March 2012.
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"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."

- Thomas Paine

"Malo periculosam, libertatem quam quietam servitutem."

- Thomas Jefferson
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