39 N.C. App. 668 - State v. Tanner’s Empirical Analysis
1979
Citation profile
5 federal appellate · 6 state decisions
How this case has been cited
Cited by 11 later decisions — most recently March 2016
5 federal appellate · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Greenwood · State v. Fredell
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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shall only include: (1) Felony convictions in North Carolina that occur before, on, or after December 1, 1995; and (2) Repealed by Session Laws 1995, c. 487, s.3, effective December 1, 1995.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”
1 later decision quote this exact passage“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. [Section] 14-415.2 set forth an exemption for felons whose civil rights had been restored. In 1975, the General Assembly repealed [section] 14-415.2 and amended [ section] 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....”
1 later decision quote this exact passage“classifications [were] unconstitutional [because]: (1) it denie[ed] the right to possess firearms to those convicted of certain felonies but not all felonies; (2) it allow[ed] the right of possession to some felons in the prohibited class due to the length of their sentences, probation and parole; and (3) it allow[ed] a convicted felon to possess a firearm in his home or place of business but [did] not provide a way for him to get the firearm there.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.