[marktwain]

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.

Jindal: Keeping and bearing arms is a fundamental right

http://www.theadvertiser.com/article/20121019/OPINION/210190304/Jindal-Keeping-bearing-arms-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.

[Wonder Warthog]

I've seen all that, agree with Jindal, and think that requiring "strict scrutiny" is a good and great thing, but I still can't recall any instance where any Louisiana court has actually put forth a legal impediment to the RKBA using the "rational basis" criteria.

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.