A unanimous three-judge panel of the N.C. Court of Appeals has affirmed a trial court’s ruling that ends a man’s attempt to strike down the N.C. Felony Firearms Act as unconstitutional.
Lee Booth already had won in court in his bid to have his own gun rights restored. But the court ruling in Booth’s favor did not address his blanket constitutional claims involving the FFA. A trial judge ruled, and appellate judges agreed, that Booth had no legal right to continue a case he already had won.
Judge John Tyson’s opinion says:
Plaintiff’s right to seek redress of grievances does not entitle him to compel a ruling by the courts on each and every claim he sets forth, particularly when a court’s determination on one issue renders another issue moot or unnecessary. Plaintiff has not been denied access to the courts and received the declaratory relief he sought.
Among the other opinions released this morning from the N.C. Court of Appeals:
- A unanimous three-judge panel delivered a victory to an Apex Jiffy Lube in its legal battle with the N.C. Division of Motor Vehicles. DMV tried to suspend the business’ license for conducting state auto inspections after a 2011 incident in which an employee accepted a $50 bribe to allow a vehicle with illegal window tint to pass an inspection.
