NC: Gun groups join to sue Wake County Sheriff

Today, attorneys for an individual Wake County, North Carolina resident, Grass Roots North Carolina, Second Amendment Foundation (SAF), and Firearms Policy Coalition filed a federal lawsuit challenging Wake County Sheriff Gerald M. Baker’s recent actions infringing on Second and Fourteenth Amendment rights he announced as a response to the COVID-19 coronavirus pandemic. A copy of the lawsuit can be found at:

https://www.grnc.org/documents/Complaint-Wake-County-Filed.pdf 

This latest case tracks a 2011 federal court victory in Bateman v. Perdue, also led by plaintiffs Second Amendment Foundation and Grass Roots North Carolina, which successfully challenged North Carolina statutes restricting firearms during states of emergency.

“Although Sheriff Gerald Baker claims his refusal to accept applications for pistol purchase permits and concealed handgun permits doesn’t infringe on individual rights, nothing could be further from the truth,” said GRNC president Paul Valone. “During this emergency, as always, GRNC intends to ensure that lawful North Carolinians have the means to protect themselves and their families.”

“Sheriff Baker is implementing by fiat what the Supreme Court struck down in Heller – a ban on a citizen’s right to purchase a handgun for the defense of hearth and home. This action cannot be allowed to stand,” said GRNC Director of Legal Affairs Ed Green.

“Times of emergency is when you need the ability to obtain the means of self-defense the most. Suspending that right is not acceptable. That is why this lawsuit is so important,” commented SAF founder and Executive Vice President, Alan Gottlieb.

“Sheriff Baker’s unconstitutional actions have and will deprive law-abiding, peaceable individuals the opportunity to obtain handguns, the ‘quintessential self-defense weapon’ according to the U.S. Supreme Court, in a time where the arms are most needed,” explained attorney and FPC Director of Legal Strategy, Adam Kraut. “Sheriff Baker’s actions to stop processing and issuing required  Pistol Purchase Permits violate fundamental human rights. We are proud to join GRNC and SAF in this fight to defend the rights of North Carolinians.”

Individual arms applicants/purchasers and retailers affected by ‘stay-home’ or shutdown orders can report potential civil rights violations to FPC’s COVID-19 Issue Hotline at www.FPChotline.org.  

Plaintiffs are represented by attorneys Ed Green, Raymond M. DiGuiseppe, and Adam Kraut.

Grass Roots North Carolina (www.grnc.org) is North Carolina’s most effective gun rights organization. GRNC was founded in 1994 as an independent, all-volunteer 501(c)(4) not-for-profit organization dedicated to preserving constitutional freedoms. The organization’s projects are primarily devoted to defending the individual right to keep and bear arms.

Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms, advance individual liberty, and restore freedom.