Britt v. State
| Decision Date | 04 September 2007 |
| Docket Number | No. COA06-714.,COA06-714. |
| Citation | 649 S.E.2d 402 |
| Court | North Carolina Court of Appeals |
| Parties | Barney BRITT, Plaintiff, v. STATE of North Carolina, Defendant. |
Dan L. Hardway Law Office, by Dan L. Hardway, Angier, for plaintiff-appellant.
Attorney General Roy Cooper, by Special Deputy Attorney General John J. Aldridge, III and Assistant Attorney General Ashby T. Ray, for defendant-appellee.
Barney Britt (plaintiff) appeals from an order entered 31 March 2006 granting the State of North Carolina's (defendant's) motion for summary judgment and denying plaintiff's motion for summary judgment, declaring constitutional N.C. Gen.Stat. § 14-415.1, as amended 1 December 2004.
Plaintiff is a resident of Wake County, North Carolina. In 1979, plaintiff was convicted of felony possession with intent to sell and deliver a controlled substance, completed his sentence in 1982 and in 1987 his civil rights, including his right to possess a firearm, were restored by operation of law under that current version of N.C. Gen.Stat. § 14-415.1. In this action plaintiff challenges the 2004 version of N.C. Gen.Stat. § 14-415.1, which expressly prohibits plaintiff's possession of any firearm due to his status as a convicted felon.
The trial court, based on affidavits submitted by both parties, determined there was sufficient evidence that plaintiff was advised he would be subject to a charge under the 2004 revisions to N.C. Gen.Stat. § 14-415.1 if he were found in possession of firearms. Citing State v. Johnson, 169 N.C.App. 301, 610 S.E.2d 739 (2005) and United States v. Farrow, 364 F.3d 551 (4th Cir.2004), the trial court concluded that N.C.G.S. § 14-415.1, as amended effective 1 December 2004, was rationally related to a legitimate government interest and was not an unconstitutional Ex Post Facto law or Bill of Attainder. The trial court also found N.C. Gen.Stat. § 14-415.1 (2004) constitutional on its face and as applied to plaintiff. The trial court granted defendant's motion for summary judgment and denied plaintiff's motion for summary judgment. Plaintiff appeals.
Plaintiff appeals three issues: whether the trial court erred by (I) concluding the 1 December 2004 version of N.C. Gen.Stat. § 14-415.1 is constitutional; (II) granting defendant's motion for summary judgment; and (III) failing to interpret the statute to allow plaintiff the right to possess firearms.
In State v. Johnson, this Court thoroughly reviewed the history of the N.C. Felony Firearms Act.
In 1971, the General Assembly enacted the Felony Firearms Act, N.C. Gen.Stat. § 14-415.1, which made unlawful the possession of a firearm by any person previously convicted of a crime punishable by imprisonment of more than two years. N.C. Gen. Stat. § 14-415.2 set forth an exemption for felons whose civil rights had been restored. 1971 N.C. Sess. Laws ch. 954, § 2.
In 1975, the General Assembly repealed N.C. Gen.Stat. § 14-415.2 and amended N.C. Gen.Stat. § 14-415.1 to ban the possession of firearms by persons convicted of certain crimes for five years after the date of "such conviction, or unconditional discharge from a correctional institution, or termination of a suspended sentence, probation, or parole upon such convictions, whichever is later." 1975 N.C. Sess. Laws ch. 870, § 1. This was the law in effect in [1982] when defendant was convicted of a felony covered by the statute and in [1987 when his rights were restored].
In 1995, the General Assembly amended N.C. Gen.Stat. § 14-415.1 to prohibit possession of certain firearms by all persons convicted of any felony. 1995 N.C. Sess. Laws ch. 487, § 3. [In 2004, the statute was again amended to provide] "it shall be 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. . . ." N.C. Gen.Stat. § 14-415.1(a) (2004). The current statute applies to "felony convictions in North Carolina that occur before, on, or after 1 December 1995." N.C. Gen.Stat. § 14-415.1(b)(1).
Johnson, 169 N.C.App. at 303, 610 S.E.2d at 741 (emphasis in original). Effective 23 August 2006, the legislature modified N.C.G.S. § 14-415.1 to exempt "antique firearms" from the proscription of felons possessing firearms. 2006 N.C. Sess. Law, ch. 259, sec. 7(b). It also modified the definition of "antique firearms" in N.C.G.S. § 14-409.11 to exclude conventional cartridge firearms. 2006 N.C. Sess. Law, ch. 259, sec. 7(a).
Plaintiff argues the trial court erred by concluding the 1 December 2004 version of N.C. Gen.Stat. § 14-415.1 is constitutional. Specifically, plaintiff contends N.C.G.S. § 14-415.1 (2004) sweeps too broadly and is not reasonably related to a legitimate government interest. Plaintiff argues that because he was not convicted of a violent felony and because his conviction is so far in the past, the statute prohibiting all convicted felons from possessing any type of firearm is unconstitutional. We disagree.
A convicted felon is prohibited from possessing a firearm if the State shows a rational relation to a legitimate state interest, such as the safety and protection and preservation of the health and welfare of the citizens of this state. United States v. Farrow, 364 F.3d 551, 555 (4th Cir.2004) (); Black v. Snow, 272 F.Supp.2d 21 (D.D.C. 2003) (); United States v. O'Neal, 180 F.3d 115, 123-24 (4th Cir.), cert. denied, 528 U.S. 980, 120 S.Ct. 433, 145 L.Ed.2d 339 (1999) (); United States v. McLean, 904 F.2d 216, 219, cert. denied, 498 U.S. 875, 111 S.Ct. 203, 112 L.Ed.2d 164 (1990) (); State v. Jackson, 353 N.C. 495, 502, 546 S.E.2d 570, 573-74 (2001) (); Johnson, 169 N.C.App. at 309, 610 S.E.2d at 746 (); State v. Tanner, 39 N.C.App. 668, 670, 251 S.E.2d 705, 706, appeal dismissed and disc. rev. denied, 297 N.C. 303, 254 S.E.2d 924 (1979) (). Legislative classifications will be upheld, provided the classification is founded upon reasonable distinctions, affects all persons similarly situated or engaged in the same business without discrimination, and has some reasonable relation to the public peace, welfare and safety. In re Moore, 289 N.C. 95, 221 S.E.2d 307 (1976). A court may not substitute its judgment of what is reasonable for that of the legislative body when the reasonableness of a particular classification is to be determined. Lamb v. Wedgewood South Corp., 308 N.C. 419, 302 S.E.2d 868 (1983). Where the language of an Act is clear and unambiguous the courts must give the statute its plain and definite meaning. State ex rel. Utilities Com. v. Edmisten, 291 N.C. 451, 232 S.E.2d 184 (1977).
In this case, plaintiff argues that a more appropriate legislation would allow convicted felons the ability to apply for restoration of the right to possess firearms. Plaintiff also argues that long guns, such as rifles and shotguns should be lawful for certain types of convicted felons to possess. We disagree. The General Assembly has made a determination that individuals who have been convicted of a felony offense shall not be able to possess a firearm. This statutory scheme which treats all felons the same, serves to protect and preserve the health, safety and welfare of the citizens of this State. Here, the legislature intended to prevent convicted felons from possessing firearms in its 2004 amendments. The 2004 amendment to N.C.G.S. § 14-415.1 is rationally related to a legitimate state interest.
Plaintiff contends application of the challenged provision of the Felony Firearms Act would violate the ex post facto clauses of the U.S. and N.C. Constitutions arguing the 2004 amendment changed the law to retroactively deprive him of his formerly restored right and punish him for conduct that was previously not criminal. We disagree.
The United States and the North Carolina Constitutions prohibit the enactment of ex post facto laws. See U.S. Const. art. I, § 10 (); N.C. Const. art. I, § 16 ().
This Court previously addressed the ex post facto question and found it without merit with respect to the 1995 amendment to N.C. Gen.Stat. § 14-415.1. See Johnson, 169 N.C.App. at 307, 610 S.E.2d at 743 (). "North Carolina has made clear that its intent was to enact a civil disability to protect the public from those felons whose possession of guns there was the most reason to fear, not to impose any punishment or penalty on felons." Farrow, 364 F.3d at 554-555 (citing O'Neal, 180 F.3d at 123); see also Tanner, 39 N.C.App. at...
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