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N.C.

North Carolina Supreme Court Weighs Second Amendment Challenge to State's Felony Firearms Act

In State v. Ducker, the state's highest court is considering whether North Carolina's lifetime gun ban for people with felony records can be applied to someone whose underlying conviction was nonviolent.

How spun is the coverage?Coverage bias 4.4 / 10
4 sides analyzed18 sources cited

A Gun-Rights Group and the ACLU Are on the Same Side. A Democratic Governor Is Against Them.

Start with the lineup, because it tells you something is off before you even get to the law. Governor Josh Stein and Attorney General Jeff Jackson, both Democrats, are asking North Carolina's Supreme Court to uphold a lifetime gun ban for people with felony records[5][6]. Standing with them are the state's district attorneys, sheriffs, and police chiefs[2][6].

On the other side sit three groups that almost never agree on anything: the ACLU of North Carolina, the libertarian Cato Institute, and the gun-rights group Grass Roots North Carolina[3][4][16]. All three are asking the court to strike the ban down, or at least narrow it, for one man.

That man is Eric Ducker. The case, State v. Ducker, turns on whether the Constitution lets a state take away someone's gun rights forever over a felony that had nothing to do with violence[3][7]. The court has not yet ruled.

A Traffic Stop in 2009, a Guilty Verdict in 2023

Here's the fact pattern everyone agrees on. In 2009, Ducker was convicted of attempted fleeing to elude arrest — a driving offense, not a violent crime[1][7]. Under North Carolina's Felony Firearms Act, that felony conviction meant he could never legally own a gun again[3][7].

In August 2023, a Buncombe County jury convicted him of possessing a firearm anyway[9]. That conviction is itself a felony, and it's the one now before the state Supreme Court[7][9].

The picture isn't quite as clean as "one traffic ticket, one gun." Carolina Journal reports Ducker was also convicted in 2018 of misdemeanor violation of a domestic violence protective order, and some accounts describe more than one such violation[1][9]. Right-leaning outlets covering the case tend to center the driving offense and give little space to that record[11]. The state's supporters point to it as reason to doubt the "harmless nonviolent offender" framing[1][9].

Why a 2022 Supreme Court Ruling Is Doing All the Work

None of this reaches the state's high court on its own. It gets there because of a legal test the U.S. Supreme Court created in 2022, in a case called Bruen. Before Bruen, judges evaluating a gun law would weigh how much it restricted gun owners against how much it protected public safety. Bruen threw that balancing test out.

Now a gun law survives only if the government can show it fits within a tradition of similar regulation going back to the founding era. That's why North Carolina's crime statistics, however strong, aren't automatically a winning legal argument. Under Bruen, "this law prevents shootings" isn't by itself a constitutional defense.

It's also why Ducker's lawyers spend their brief on 18th-century history instead of modern data. They argue there's no founding-era tradition of permanently disarming someone for a nonviolent traffic offense committed 17 years earlier[9].

A 2024 case, Rahimi, complicated things further. The U.S. Supreme Court upheld disarming a man under a domestic violence restraining order, reasoning that the law only needed to be "relevantly similar" to a historical one, not an exact match[3][4]. Both sides in Ducker's case now claim Rahimi supports them. The state reads it as blessing broad legislative judgments about categories of risky people. Ducker reads it as requiring proof that this specific person is dangerous[3][4].

One Man's Case, or a Path for Thousands

Ducker's lawyers aren't just arguing his conviction should be erased. They're making two separate claims: that the whole statute is unconstitutional, and that it can't constitutionally apply to him specifically[7][9]. The second claim is the narrower one, and the easier one to win.

Their brief puts a number on what's at stake: they estimate felony records reach "nearly one-tenth of the adult population," and they doubt the founding generation would have accepted disarming that many people for life[9]. That figure comes from Ducker's own brief, not a state count.

The ACLU makes a similar point with a different number. Its brief says violent crimes make up just 16.4% of felony charges statewide[3]. Read plainly, that means roughly five out of every six felony charges in North Carolina involve nonviolent conduct — drug offenses, thefts, forgeries — yet the same lifetime gun ban falls on all of them. That figure comes from an advocacy brief, not an independently audited state dataset.

The state's answer is structural, not just factual. A blanket rule is simple to enforce. Individualized review means every felon-in-possession case turns into a hearing on that person's character, and prosecutors and sheriffs say they don't have the staff for that[2][6]. The Court of Appeals sided with the state in May 2025, ruling that people with felony convictions fall outside Second Amendment protection as a category, with no case-by-case review required[3][12].

The Legal Off-Ramp That's Nearly Impossible to Use

The state's strongest talking point is that North Carolina already has a way to give gun rights back. It's true — up to a point. A separate law, N.C. Gen. Stat. § 14-415.4, lets someone petition a court to restore their firearm rights[8][17].

But the conditions are tight. It only covers a single nonviolent felony, and only after a 20-year wait[8][17]. Someone with two old nonviolent convictions never qualifies, no matter how much time passes. Someone convicted at 25 generally can't even file until their late 40s.

So both sides are telling the truth about the same statute. The safety valve is real, and for most people the challengers are talking about, it's closed. Grass Roots North Carolina, the gun-rights group backing Ducker, makes exactly this argument — that the restoration path is close to a dead letter[8][16].

Underneath the legal fight sits a plainer one about who bears the cost of getting it wrong. Democratic officials defending the ban are protecting a tool prosecutors use to get repeat offenders off the street before, not after, a shooting[1][6]. The ACLU is fighting a pattern it sees across the justice system: punishments that outlast the sentence, whether it's losing the right to vote, serve on a jury, or own a gun[3]. Cato and Grass Roots North Carolina want courts held to the same historical test regardless of whether the result pleases law enforcement[4][16]. None of those interests line up with the national gun debate, which helps explain why almost no national outlet, left or right, has covered this case at all.

A Story With No National Playbook

The coverage that does exist splits in a telling way. Carolina Journal, published by the conservative John Locke Foundation, has run at least four separate stories tracking the case brief by brief, generally framing Stein as the one restricting rights[1][9][10][16]. Bearing Arms, an openly pro-gun outlet, goes further, casting the story as a Democratic governor personally trying to keep a permanent ban on a man whose only felony was fleeing police in a car[11].

There's essentially no coverage from national left-leaning outlets. The closest thing to a progressive framing is the ACLU's own case page, which treats the statute as a criminal-justice and racial-equity problem rather than a gun-rights one — and which does not mention Ducker's domestic violence protective order record[3]. Local and legal-trade coverage, like Spectrum News and Law360, stays more neutral but also skips over the Bruen mechanism entirely, leaving readers unable to judge why the state's public-safety data doesn't automatically settle the legal question[2][13].

The North Carolina Supreme Court had not ruled as of July 26, 2026[2]. Whichever way it goes, the decision will land on district attorneys and sheriffs first — they're the ones who'll have to apply whatever rule the court sets, case by case or all at once.

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The Bias Ledger average rating 4.4

The same story, as framed by outlets across the spectrum, ordered least to most biased. The bias score (1 = straight, 10 = heavily spun) is an AI assessment of that framing — click an outlet to see its track record. The tell is the word choice or omission that reveals the angle.

OutletVantageBiasHow they frame itThe tell
Spectrum NewsU.S. center, local broadcast2'Debate over felony firearm ban reaches N.C. Supreme Court'Neutral procedural framing — 'debate,' 'reaches.' Lists amici on both sides without ranking them. The main gap is depth: it does not explain the Bruen historical-tradition test, which is the mechanism the whole case turns on, so a reader cannot judge why the state's public-safety data may not be legally decisive.
Law360U.S. legal trade press, subscription, institutional-law readership2'Prosecutors Urge NC High Court To Uphold Felon Gun Ban'Headlines the institutional actor rather than the individual. Trade coverage aimed at practitioners tends to treat the state's position as the baseline and the challenge as the deviation — a framing effect of the audience, not of stated politics. Most content sits behind a paywall.
Carolina JournalU.S. right (published by the conservative John Locke Foundation)3'Stein urges top NC court to uphold law against felons owning guns' and 'Defendant challenges state's arguments for NC felon gun ban'The most detailed running coverage anywhere, and it quotes both sides' briefs at length. The slant shows in volume and sequencing rather than adjectives: each pro-Ducker brief gets its own story, and headlines put Stein in the active voice as the one restricting rights. It does report the domestic violence protective order conviction, which several friendlier outlets omit.
The ReloadU.S., gun-policy-focused subscription outlet founded by a reporter sympathetic to gun rights4'Members' Newsletter: The ACLU Goes Pro-Gun'The angle is the coalition, not the defendant. Casting the ACLU as 'pro-gun' scores a point in a national culture-war argument, and flattens the ACLU's actual position, which is about individualized review of lifetime penalties rather than about expanding gun access.
HoodlineU.S., automated/AI-assisted local news aggregator5'ACLU, Cato And Gun Group Unite To Blast North Carolina Felon Gun Ban''Blast' and 'unite' are conflict verbs applied to routine amicus filings. Aggregated from other outlets' work with no original reporting, so it inherits and amplifies whichever source it summarized.
ACLU of North CarolinaU.S. left-leaning civil liberties advocacy organization; party to the case as amicus7Case page describing a statute that strips rights 'regardless of how minor or nonviolent the underlying offense was, how long ago it happened, or whether the person poses any danger'This is a litigant's own account, not journalism. It supplies the 16.4% violent-felony-charge figure and the racial-disparity claim, which most news coverage repeats without independent checking. It omits Ducker's domestic violence protective order record entirely — the single fact most damaging to the 'nonviolent offender' framing.
Bearing ArmsU.S. right, gun-rights advocacy site8'North Carolina Governor Wants State Supreme Court to Uphold Gun Ban for Felons'Frames the story as a named Democratic politician personally wanting to take rights away, rather than as a state defending an existing statute. Written as commentary under a bylined columnist. The state's recidivism and enforcement arguments appear mainly to be rebutted.

References

  1. Stein urges top NC court to uphold law against felons owning guns — Carolina Journal · U.S. right; news arm of the John Locke Foundation, a conservative/free-market North Carolina think tank
  2. Debate over felony firearm ban reaches N.C. Supreme Court — Spectrum News · U.S. center; local cable news owned by Charter Communications
  3. State of North Carolina v. Ducker (amicus) — ACLU of North Carolina · U.S. left-leaning civil liberties advocacy organization; amicus party in the case, donor-funded
  4. State v. Ducker Brief: Defending the Second Amendment Rights of North Carolinians — Cato Institute · Libertarian think tank funded by individual and foundation donors on the free-market right; amicus party in the case
  5. Governor Stein Urges NC Supreme Court to Protect North Carolinians — Office of the Governor of North Carolina · Primary source; official press release from a Democratic state executive who is a party-in-interest
  6. Attorney General Jeff Jackson, North Carolina Law Enforcement Leaders Defend North Carolina's Public Safety Laws — North Carolina Department of Justice · Primary source; official release from the state agency litigating the case, led by a Democratic attorney general
  7. State v. Ducker (2025), North Carolina Court of Appeals — FindLaw · Primary court record republished by a commercial legal database owned by Thomson Reuters
  8. N.C. Gen. Stat. § 14-415.4 — Restoration of firearms rights — North Carolina General Assembly · Primary source; official text of state law
  9. Defendant challenges state's arguments for NC felon gun ban — Carolina Journal · U.S. right; news arm of the John Locke Foundation
  10. ACLU, Cato join forces to support defendant's 2A case at top NC court — Carolina Journal · U.S. right; news arm of the John Locke Foundation
  11. North Carolina Governor Wants State Supreme Court to Uphold Gun Ban for Felons — Bearing Arms · U.S. right; gun-rights advocacy site owned by Salem Media Group, a conservative Christian media company
  12. COA Shuts Down Second Amendment Challenges to Firearm by Felon — North Carolina Criminal Law Blog · Academic legal analysis published by the UNC School of Government, a state-funded university unit that trains judges and prosecutors
  13. Prosecutors Urge NC High Court To Uphold Felon Gun Ban — Law360 · U.S. legal trade press, subscription-based, owned by LexisNexis
  14. ACLU, Cato And Gun Group Back NC Felon Gun Challenge — Hoodline · U.S.; AI-assisted local news aggregator with no original reporting staff on this story
  15. Members' Newsletter: The ACLU Goes Pro-Gun — The Reload · U.S.; subscriber-funded gun-policy outlet founded by reporter Stephen Gutowski, generally sympathetic to gun-rights arguments
  16. Gun rights group backs defendant in 2A case at NC Supreme Court — Carolina Journal · U.S. right; news arm of the John Locke Foundation
  17. Firearm Rights after Felony Conviction — UNC School of Government · State-funded university research unit; reference material for North Carolina courts and attorneys
  18. North Carolina Supreme Court case challenges state ban on firearm possession by felons — NC Political News · U.S.; small North Carolina political news aggregator that republishes press releases and other outlets' reporting