Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Sullivan, 202 N.C. App. 553 (Feb. 16, 2010)
The court rejected the defendant’s argument that as applied to him, G.S. 14-269.4 (carrying weapon in a courthouse) violated his right to bear arms under Article I, Section 30 of the North Carolina Constitution. The defendant had argued that the General Assembly had no authority to enact any legislation regulating or infringing on his right to bear arms. The court rejected this argument, noting that the state may regulate the right to bear arms, within proscribed limits. The court also held that the trial judge did not err by refusing to instruct the jury that it must consider whether the defendant knowingly or willfully violated the statute. The court concluded that an offender’s intent is not an element of the offense.