News Roundup

Published for NC Criminal Law on June 14, 2013.

The Racial Justice Act is nearing repeal. Both chambers of the General Assembly have passed S 306, an omnibus capital punishment bill that does away with the Act. Governor McCrory has previously criticized the Act, so a veto is not likely. The News and Observer editorializes against the repeal here. Assuming that the Act is repealed, litigation will ensue over whether defendants who have already filed claims under the Act have a vested right to have their claims heard despite the repeal. In other news: Gun bill. the General Assembly is on the precipice of passing H 937, an omnibus firearms bill that, among other things, (1) requires the clerk of court to report certain information – such as certain involuntary commitments, findings of incompetency, and findings of not guilty by reason of insanity – to the National Instant Background Check System within 48 hours; (2) repeals the requirement that individuals seeking to purchase a pistol first get a permit from the sheriff; (3) further restricts local government authority to prohibit concealed handguns at recreational facilities like greenways; and (4) creates a new “armed habitual felon” status for a person who, having been convicted of one “firearm-related felony,” commits a second. The bill appears to have passed both chambers in slightly different forms, and has been engrossed, whatever that means. My vague understanding is, it’s close. NSA data collection. The controversy over the NSA’s data collection programs continues. Congress held a hearing at which the NSA director faced some tough questions, and the [...]