Skip to comments.Amendment 2 getting the most attention(LA barf alert)
Posted on 10/22/2012 5:10:00 AM PDT by marktwain
State Rep. Mickey Guillory urges voters to review upcoming Louisiana state constitutional amendments that will be on the Nov. 6 ballot before they go to the polls this election day.
Guillory who was invited to speak to the Kiwanis Club on Thursday focused on Amendment N. 2 on the ballot. He said the proposed bill is a controversial gun control bill.
There area lot of pros and cons that go with this bill, Guillory said. The District Attorneys Association who came before the Criminal Justice Committee their position on this is that they were neutral, which tells me that theyre against it.
Guillory said the bill (SB 303) provides that the right to keep and bear arms is a fundamental right which shall not be infringed upon and any restriction on this right shall be subject to strict scrutiny. He said the bill was supported by the National Rifle Association, of which he was a member.
However, Guillory said that not all NRA members are in support of this bill.
He said that one concern is that the bill would transfer gun control out of the legislative branch of state government to the judicial branch.
Well have more cases in court concerning firearms, Guillory said. If you look at this bill...this bill would take control out of the state legislative bodys hands, where we wouldnt be able to pass a bill to prevent someone from carrying a concealed weapon.
Guillory said that while he is leery of the bill, he still considers himself a gun man who wouldnt want to see a bill that could allow people to carry concealed weapons in places like college campuses.
The way the law is set up now, we have protection, Guillory said. People cant carry guns on campus, you cant have them in a church, you cant carry them in a bar room. These are places that you do not want to see guns. If we vote this down, the state law stays the same.
Guillory said that the bill was sponsored by Dist. 32 Sen. Neil Riser of Columbia. Guillory said the right to keep and bear arms is protected by the U.S. constitution while the State Senate Bill, and proposed amendment to Louisianas constitution, is redundant and makes it possible to open loopholes to reinterpret gun laws.
I dont want to tell anyone how to vote, I just want to emphasize the concern, Guillory said. What Id like to do is encourage everyone to just go and vote. Thats a privilege that a lot of people dont have in other countries...go vote for what you think is best for the state of Louisiana and for the city of Eunice.
Just what or who is protecting me now? If I'm unarmed in any of these places, are the authoriites going to provide me with an armed bodyguard to ensure my protection? I'm sorry ... just let me carry my own weapon and I'll worry about my own protection (and just maybe ensure someone else's as well).
There are lots of places where concealed carry is legal in churches, bars, and on campus.
Texas churches lobbied for concealed carry and got it. Concealed and open carry is legal in Arizona churches.
Bars: Virginia has to carry open in bars; Arizona has to carry concealed. Go figure.
Their tears are sweet and yummy.
Yeah, and by the way, I carry concealed at church EVERY Sunday, and so do a number of my fellow CCW Christians.
I should have said that Governor Jindal supports this amendment, not bill.
State Rep. Mickey Guillory seems to be a poster boy for RINOs! He claims that we are protected by being disarmed! He says he is a “gun guy” but is unwilling to support this amendment. He needs to have a good primary opponent!
I always carry concealed in churches and bars......but yet I never shot anybody. Glad I read this article about the dangers of carrying in these places.
BTW, see my tagline.
How so??? I'm from Louisiana (though have been away for a decade or so), and try to follow the news from there. I don't recall having seen much in the way of anti-gun decisions.
This guy thinks there are no guns in bars in Louisiana????? What a bozo, with all apologies to Bozo. The idiot lives in some other universe.
VA has conceal carry in places that serve liquor, but the carrier can’t drink.
VA has conceal carry in places that serve liquor, but the carrier cant drink.
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Very true, and in VA if you have CCW you can carry ON school property but must leave in vehicle - Not quite there yet but much better than before.
Also some of VA ‘laws’ inre carry are very hazy if not ‘confusing’ in their write up....in regards to carry in establishments that have ABC license, it says NO to carry, but if you read far enough down, and note all the ‘noes’ it finally says ‘as long as not consuming alcohol’.... I guess it is their form of ‘catch all’ etc....
As an aside, Louisiana law can be awful quirky at times. Does anyone know how this amendment could fit in there?
“Law in the state of Louisiana is based in civil law with some common law influences. Louisiana is unique among the 50 U.S. states in having a legal system primarily based on French and Spanish codes and ultimately Roman law, as opposed to English common law. Louisiana thus follows the system of most non-Anglophone countries in the world.”
“One often-cited distinction is that while common law courts are bound by ‘stare decisis’ and tend to rule based on (judicial) precedent, judges in Louisiana rule based on their own interpretation of the law. This distinction is not absolute, though. Civil law has its own respect for established precedent, the doctrine of ‘jurisprudence constante’.”
“But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis, however, “a series of adjudicated cases, all in accord, form the basis for jurisprudence constante.”
“Moreover, the Louisiana Court of Appeals has explicitly noted that jurisprudence constante is merely a secondary source of law, which cannot be authoritative and does not rise to the level of stare decisis.”
I easily admit to not having a clue about this in practice, and would like to know if anybody has a better idea about how this will work?
Jindal: Keeping and bearing arms is a fundamental right
Jindal: Keeping and bearing arms is a fundamental right
Simply put, this amendment to Louisiana's Constitution acknowledges the fundamental right to keep and bear arms for legitimate purposes, and it requires any restriction on gun ownership be subject to strict scrutiny. It's our own Second Amendment, if you will, a new constitutional provision to repair the damage done by past judicial interpretations. You see, over the years, Louisiana courts have applied a "rational basis" legal standard to interpreting our right to bear arms. In reality, that means that the state has almost unlimited authority to confiscate, prohibit or infringe on this fundamental right. Make no mistake, I have no intention of allowing such a bill to leave my desk without a veto, but our liberties should not be held hostage to whims of future legislators and governors. By applying the "strict scrutiny" test, we elevate the protections in our constitution to the same level we provide our right to free speech.
Now, I know what you're thinking the Second Amendment to the U.S. Constitution already provides for the right to bear arms so why do we need an amendment to our state constitution?
Our Second Amendment rights at the federal level hang in the balance. In 2008, the United States Supreme Court confirmed that the District of Columbia's ban on the possession of handguns was unconstitutional. It was a victory for gun owners across the country, but the decision hinged on a single justice. If just one justice in the majority flipped his vote, it would have dealt a significant blow to our freedoms. With our rights in such near peril at the federal level, it is vital that Louisiana recognizes the right to bear arms as essential to our liberty.
The only real RKBA issue out of Louisiana that I am aware of were the instances of gun seizures after Hurricane Katrina, which I believe were addressed by the legislature, forbidding any such activities on the part of law enforcement (and perhaps the National Guard). I don't recall whether restriction that was done merely through legislation or changing the LA constitution.
We are talking about definitions, I think. Courts do not create legal impediments, but they can destroy constitutional protections, opening the way for legislatures to create legal impediments. It sounds as if there are lots of legal impediments in Louisiana that the legislature has created, that have been upheld by the courts by their degradation of the constitutional protection with the "rational basis" excuse.
Judges who did not have the integrity to honor the RKBA before are likely to find "creative" ways not to honor it in the future.
We need to point out the dishonor that these judges bring upon themselves, and do the job that the MSM has actively blocked for decades.
If the MSM had not been in the hands of "progressives" for decades, judges who failed to uphold Constitutional protections would be shamed and driven from office by public ridicule. Instead, the MSM has had considerable success in shaming and driving from office people of integrity and honor, all in the name of "progress".
That is what I'm trying to get a handle on. As far as I am aware, there are no such impediments currently. Louisiana has been "somewhat" in the forefront of protecting gun rights. Not as much as Florida, but not a laggard either. It appears to me that Jindal's position is a "it might happen" one rather than fixing something currently broken. I happen to agree with the change as a good thing, but not sure "why now", other than pre-empting future actions.
Louisiana law forbids you to carry in “gun free zones” as defined by federal law.
Louisiana CCW permitees *must* inform police officers that they are armed and submit to a search.
Yes, Louisiana is much better than a number of states. It is better than Florida on open carry, and has a strong preemption statute.
This amendment would put it at the forefront of firearms freedom, right up there with Alaska,
Arizona, Vermont, and Wyoming.
You're right..I did miss those. I thought it was more like Texas....no carry if so posted.
"Louisiana law forbids you to carry in gun free zones as defined by federal law."
"Louisiana CCW permittees *must* inform police officers that they are armed and submit to a search."
OK, good info. As I said, I've been away a few years, and am not up any more on the finer points of current LA law. OF course, if stopped, it's a good idea anyway to tell the cops you're packing.
I certainly hope this passes. Thanks for bearing with my ignorance.