169 N.C. App. 301 - State v. Johnson’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In 1971, the General Assembly enacted the Felony Firearms Act, N.C. Gen. Stat. § 14-415.1 , which made unlawful the possession of a firearm by any person previously convicted of a crime punishable by imprisonment of more than two years. N.C. Gen. Stat. § 14-415.2 set forth an exemption for felons whose civil rights had been restored. 1971 N.C. Sess. Laws ch. 954, § 2. In 1975, the General Assembly repealed N.C. Gen. Stat. § 14-415.2 and amended N.C. Gen. Stat. § 14-415.1 to ban the possession of firearms by persons convicted of certain crimes for five years after the date of “such conviction, or unconditional discharge from a correctional institution, or termination of a suspended sentence, probation, or parole upon such convictions, whichever is later.” 1975 N.C. Sess. Laws ch. 870, § 1.”

   3 later decisions quote this exact passage
   e.g. 246 N.C. App. 330 - State v. Miller · 224 N.C. App. 282 - Johnston v. State

2. “(a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in [section] 14-288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in [section] 14-409.11. Every person violating the provisions of this section shall be punished as a Class G felon. (b) Prior convictions which cause disentitlement under this section shall only include: (1) Felony convictions in North Carolina that occur before, on, or after December 1, 1995; and (2) Repealed by Session Laws 1995, c. 487, s.3, effective December 1, 1995. (3) Violations of criminal laws of other states or of the United States that occur before, on, or after December 1, 1995, and that are substantially similar to the crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding one year. .... [Provisions regarding use of records of prior convictions to prove a violation of this section] (c).... [Provisions regarding requirements for the indictment charging a violation of this section] (d) This section does not apply to a person who, pursuant to the law of”

   2 later decisions quote this exact passage
   e.g. 246 N.C. App. 330 - State v. Miller · 185 N.C. App. 610 - Britt v. State

3. “[The law] continue[d] to exempt the possession of firearms within one's home or lawful place of business. The prohibition remain[ed] limited to weapons that, because of their concealability, pose a unique risk to public safety.”

   2 later decisions quote this exact passage
   e.g. 201 N.C. App. 190 - State v. Whitaker · 185 N.C. App. 610 - Britt v. State