Johnston v. State, 367 N.C. 164 (Nov. 8, 2013)

The court per curiam affirmed the decision below, Johnston v. State, 224N.C. App. 282 (Dec. 18, 2012), which reversed the trial court’s ruling that G.S. 14-415.1 (proscribing the offense of felon in possession of a firearm) violated the plaintiff’s substantive due process rights under the U.S. and N.C. constitutions and remanded to the trial court for additional proceedings. The court of appeals also reversed the trial court’s ruling that the statute was facially invalid on procedural due process grounds, under both the U.S. and N.C. constitutions.