Politics & Government

Challenge to felon gun ownership law + new audit reveals Cary spending

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Key Takeaways
Key Takeaways

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  • Ducker filed his constitutional challenge before the 2023 indictment.
  • Several groups, including ACLU, Cato and Grass Roots NC, supported Ducker.
  • Gov. Josh Stein and Attorney General Jeff Jackson publicly opposed the challenge.

Good morning! Welcome to Under the Dome, your daily dose of politics news delivered straight to your inbox. I’m legislative and lobbying reporter Esther Frances.

Gun ownership for felons

A few state officials have weighed in on a challenge to North Carolina law that prohibits people with felony convictions from owning firearms.

The challenge stems from a case involving Eric James Ducker, who was indicted in 2023 for the possession of a firearm by a felon. Ducker in 2009 pleaded guilty in Buncombe County District Court to a nonviolent felony offense — attempting to flee to elude arrest — with aggravating factors like driving recklessly and speeding more than 15 miles per hour.

Court documents show that Ducker had no other felony convictions.

Before Ducker was indicted, he filed a motion to dismiss the indictment and claimed that the law, which prevents people with felony convictions from purchasing, owning or possessing “any firearm or any weapon of mass death and destruction,” was unconstitutional. The law includes mufflers and silencers, but excludes antique guns.

A trial court denied Ducker’s motion, and a jury convicted him of the crime. The appeal is pending in the North Carolina Supreme Court, also challenging the law’s constitutionality.

Several advocacy organizations of different political flavors — the American Civil Liberties Union of North Carolina, the Cato Institute and Grass Roots North Carolinahave shared support for Ducker, saying many people loop all felonies into a far-too-broad violent category. In this state, you can be charged with a felony for digging up and taking a Venus flytrap plant with the intent to steal it from public land.

Democratic Gov. Josh Stein put out a statement opposing Ducker’s challenge. He said the Felony Firearms Act represents the state’s “commonsense determination that people who have committed violent crimes are more likely to misuse firearms, and put innocent people at risk.”

“Most states and the federal government join North Carolina in prohibiting felons from possessing firearms, and none of these prohibitions have been deemed unconstitutional,” Stein said. He filed an amicus brief in opposition to Ducker.

Democratic Attorney General Jeff Jackson also shared his opposition to the challenge, stating that the General Assembly has the “right to prevent dangerous criminals from owning firearms and putting communities in danger.”

“We owe it to families and the law enforcement officers who respond to danger every day to keep guns away from violent criminals,” he said.

Ducker’s appeal challenges whether the law is unconstitutional under the U.S. Constitution’s Second Amendment, under the North Carolina Constitution, and as it was applied to Ducker under the Second Amendment.

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That’s all for now

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This story was originally published July 17, 2026 at 5:00 AM with the headline "Challenge to felon gun ownership law + new audit reveals Cary spending."

Esther Frances
The News & Observer
Esther Frances covers politics, the state legislature and lobbying for The News & Observer.
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