Booth v. State

742 S.E.2d 637, 227 N.C. App. 484, 2013 WL 2396010, 2013 N.C. App. LEXIS 606
CourtCourt of Appeals of North Carolina
DecidedJune 4, 2013
DocketNo. COA13-2
StatusPublished
Cited by1 cases

This text of 742 S.E.2d 637 (Booth v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Booth v. State, 742 S.E.2d 637, 227 N.C. App. 484, 2013 WL 2396010, 2013 N.C. App. LEXIS 606 (N.C. Ct. App. 2013).

Opinion

STROUD, Judge.

The State of North Carolina appeals an order exempting plaintiff from the Felony Firearms Act due to plaintiff’s pardon. For the following reasons, we affirm.

[485]*485I. Background

Plaintiff filed a complaint against the State of North Carolina requesting a declaratory judgment that the North Carolina Felony Firearms Act is “unconstitutional on its face and as applied to plaintiff under the provisions of the Constitutions of the United States and the State of North Carolina” and “compensatory damages for violation of his constitutional rights and for harm, loss and damage suffered” and that plaintiff is “exempt from operation of the Felony Firearms Act, due to the fact that he holds a Pardon of Forgiveness[.]” Plaintiff’s complaint alleged that in 1981 plaintiff “pled guilty to one felony count of non-aggravated kidnaping[.]” Plaintiff was sentenced, served his time in prison, and was released on parole; plaintiff’s parole was completed and terminated on 30 December 1985. On 5 January 2001, Governor James B. Hunt Jr. granted plaintiff a “Pardon of Forgiveness[.]” Plaintiff’s pardon reads,

NOW, THEREFORE, I, James B. Hunt Jr., Governor of the State of North Carolina, in consideration of the above factors, and by virtue of the power and authority vested in me by the Constitution of the State, do by these presents PARDON the said Lee Franklin Booth, it being a Pardon of Forgiveness, subject to the following conditions: that Lee Franklin Booth be of general good behavior and not commit any felony or misdemeanor other than a minor traffic offense and further upon the condition that this Pardon shall not apply to any other offense whereof the said party may be guilty.

Plaintiff also made detailed factual allegations regarding his behavior as an upstanding citizen since he completed his prison sentence and his employment and business ventures as “a professional engineer and an entrepreneur.” In addition, plaintiff alleged that he has worked in businesses which provided “the overhaul and repair of high technology systems and components in the aerospace, space, maritime and weapons industriesf,]” serving “commercial and military clients both domestic and foreign.” “In 2007 plaintiff organized, and initially served as president of, a new business, Victory Arms, Inc., with apian to design, develop and produce firearmsf,]” but when he applied for a federal license to undertake this business, he learned “that the 2004 amendment to N.C. Gen. Stat. § 14-415.1 was being interpreted by the federal licensing authorities to prohibit issuing a license to the plaintiff or any company which employed plaintiff],]” thus forcing plaintiff to resign from and have no interest in Victory Arms, Inc.

[486]*486On 13 March 2012, the State answered plaintiffs complaint, admitting the material factual allegations regarding plaintiff’s prior conviction and his pardon but denying many of plaintiff’s other allegations for lack of “sufficient information and knowledge” including plaintiffs factual allegations regarding his conduct and loss of business opportunities based upon his inability to obtain a federal license or to own a firearm. The State also denied that plaintiff was entitled to his requested relief including a declaration that the Felony Firearms Act is unconstitutional on its face and as applied to plaintiff and allowing him to recover damages and that plaintiff is exempt from the Felony Firearms Act due to his Pardon of Forgiveness.

On 10 May 2012, plaintiff filed a “MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS” requesting that the trial court rule upon “only the issue of law on the question of whether the pardon of Plaintiff by Governor Hunt makes the application of N.C. Gen. Stat. § 14-415.1 to Plaintiff unconstitutional.” On 27 September 2012, the trial court entered an order determining “that the Plaintiffs Motion for Partial Judgment on the Pleadings for declaratory relief on constitutional grounds as applied to the Plaintiff is DENIED” but “that the Plaintiff’s Motion for Partial Judgment on the Pleadings exempting him from the operation of the Felony Firearms Act due to the fact that he holds a Pardon of Forgiveness is ALLOWED.” The trial court also noted that the Felony Firearms Act “simply does not apply to the plaintiff’ as he has received a pardon and thus “it is not necessary that the Court determine whether the Act is, as to this plaintiff, unconstitutional under an ‘as applied’ challenge.” Although the order was addressing plaintiff’s motion for partial judgment, the order actually disposed of the issues raised by plaintiff’s complaint and is thus a final order. The State appeals from the trial court’s determination that plaintiff’s pardon exempts him from the Felony Firearms Act; plaintiff cross-appeals from the trial court’s denial of his constitutional claim.

II. State’s Appeal

We will first address the State’s appeal, which presents a question of the interpretation of the North Carolina Felony Firearms Act. The State argues that “the North Carolina Felony Firearms Act prohibition under N.C. Gen. Stat. § 14-415.1(a) applies to plaintiff by virtue of his 1981 felony kidnapping conviction in this State, notwithstanding the fact that plaintiff’s conviction was thereafter conditionally pardoned by the governor of North Carolina.”

[487]*487Questions of statutory interpretation are questions of law, which are reviewed de novo by an appellate court.
Legislative intent controls the meaning of a statute. To determine legislative intent, a court must analyze the statute as a whole, considering the chosen words themselves, the spirit of the act, and the objectives the statute seeks to accomplish. First among these considerations, however, is the plain meaning of the words chosen by the legislature; if they are clear and unambiguous within the context of the statute, they are to be given their plain and ordinary meanings. The Court’s analysis therefore properly begins with the words themselves.

Jenner v. Ecoplus, Inc., _ N.C. App. _, _, 737 S.E.2d 121, 123-24 (2012) (citations and quotation marks omitted).

North Carolina General Statute § 14-415.1 provides in pertinent part,

(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 G.S. 14-288.8(c)____
(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in which the conviction occurred, has been pardoned or has had his or her firearms rights restored if such restoration of rights could also be granted under North Carolina law.

N.C. Gen. Stat. § 14-415.1(a), (d) (2011).

The State’s argument reviews hundreds of years of the development of the executive pardon, going back to English common law and providing a lengthy “[o]verview” of the history of pardons, examining the different types of pardons including conditional pardons, unconditional pardons, and pardons of innocence and the different ramifications of the different types of pardons. This discussion is informative and interesting but fails to address the plain language of the statute at issue. See generally Jenner, __ N.C. App. at _, 737 S.E.2d at 123-24.

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Related

Booth v. State
781 S.E.2d 88 (Court of Appeals of North Carolina, 2015)

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Bluebook (online)
742 S.E.2d 637, 227 N.C. App. 484, 2013 WL 2396010, 2013 N.C. App. LEXIS 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booth-v-state-ncctapp-2013.