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BRITT v. STATE

No. 488A07.

681 S.E.2d 320 (2009)

Barney BRITT v. STATE of North Carolina.

Supreme Court of North Carolina.

August 28, 2009.

Attorney(s) appearing for the Case

Dan L. Hardway Law Office, by Dan L. Hardway, for plaintiff-appellant.

Roy Cooper, Attorney General, by John J. Aldridge, III, Special Deputy Attorney General, for defendant-appellee.

BRADY, Justice.

This case presents an as-applied challenge to the constitutionality of the 2004 amendment to N.C.G.S. § 14-415.1 that makes 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." We determine that N.C.G.S. § 14-415.1 is unconstitutional as applied to plaintiff and reverse the decision of the Court of Appeals.

FACTUAL AND PROCEDURAL BACKGROUND...

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