Legislature needs to tell Judge Stephens he's gotten too big for his britches | Eastern North Carolina Now

    Publisher's Note: This article originally appeared in the Beaufort Observer.

    The constitutions (U. S. and N. C.) took a severe beating from Superior Court Judge Donald Stephens Monday (10-13-14) when he ruled that his opinion of the "way things should be" trumped what the national and state constitutions say very clearly. Legislating from the bench it is called. Substituting his judgment for that of the Legislature and the People who adopted Article I, Section 30 of our Constitution.

    As we've said before, the right to keep and bear arms is a fundamental natural law right guaranteed by both constitutions. But our state constitutions clearly says the General Assembly may prevent the carrying of concealed weapons. The General Assembly has adopted restrictions on that practice. Carry a concealed weapon at the State Fair is not one of those duly adopted restrictions. So what is the source of Judge Stephens presumption for his authority? Here's what he said in explaining that:

    "I do have a great respect for the constitutional right for citizens to possess and bear arms, but I do believe that it would be unwise and imprudent for firearms to be carried into the State Fair. And if there's some way that I can interpret these statutes to prohibit that, I will," said Stephens...."

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    We will add that it is our understanding that there was no evidence introduced before Judge Stephens that showed any realistic danger from legal permit holders carrying their weapons just as they are permitted to do in other places. No one has ever been killed or injured at the N. C. State Fair from a legal concealed carry permit holder shooting them.

    We would suggest that Agriculture Commissioner Steve Troxler should be more concerned about Ebola than he is guns.

    Thus, for both reason (guns and Ebola) we will not be attending this year's State Fair. And we trust some member of the General Assembly is already at work drafting a bill to put Judge Stephens in his rightful place—applying the law and not making it up to suit his whims.

    What we are not as confident of is that there is a legislator somewhere drafting laws that will fix the actual problem here: Judges who do not adhere to the law but substitute their judgment for what the legislature or the people have said.