Posted on 03/21/2013 1:40:43 PM PDT by BBell
An Orleans Parish judge on Thursday ruled that the state statute forbidding certain felons from possessing firearms is unconstitutional, in the wake of a constitutional amendment passed last year that made the right to bear arms a fundamental one in Louisiana. The issue will now go straight to the state Supreme Court, which must decide whether the statute infringes on Louisiana citizens' now-enhanced right to gun possession.
Orleans Parish Criminal District Court Judge Darryl Derbigny on Thursday dismissed the charge against one felon, but took his decision a step further than another judge faced with a similar decision earlier this month.
Derbigny deemed that the entire statute -- RS 14:95.1 -- was unconstitutional after voters last year approved by a sweeping majority a constitutional amendment backed by the National Rifle Association. That bill made gun ownership a fundamental right, on the same level as freedom of speech or religion.
A court interpreting any law restricting a fundamental right -- as gun ownership is now considered -- must approach it with "strict scrutiny," the highest level of judicial scrutiny.
Before Jan. 1, questions of gun rights were considered with "rational scrutiny," which allowed regulations to "protect the public health, safety, morals or general welfare." But strict scrutiny requires that the law is, first, necessary for a "compelling government interest." Then, it must be so narrowly defined as to serve only that interest and, third, be the least restrictive way of doing so.
The Orleans Parish public defenders office challenged the constitutionality of the statute on behalf of a half-dozen clients, all charged with being a felon in possession of a firearm. The attorneys concede that public safety is a compelling interest to bar violent offenders, like murderers or armed robbers, from possessing weapons. But the law also bars people convicted of a number
(Excerpt) Read more at nola.com ...
New Orleans judge rules statute forbidding felons from having firearms unconstitutional after 'fundamental right' amendment
Vermont is the only state that I know of which allows felons to possess fire arms. It's interesting that Louisiana is going against the current gun control trend.
it should always be STRICT Scrutiny Test in any judicial review.
Good. If they’re too dangerous to own a gun, they’re too dangerous to release from prison.
Besides, if they really want a gun they’ll get one no matter what the law says.
IIRC, a felon in Texas can have a gun on the premises where he/she lives after 5 years.
Texas Penal Code §46.04.
Does itchange the Federal Brady lawovision also?
it should always be STRICT Scrutiny Test in any judicial review.
I second that. All in favor?
I did not know that. Now I do.
The bad news is that all of us are felons, given the plethora of laws that no human can know.
Some of us just haven't been caught or convicted-yet, including you apparently.
It’s interesting that Louisiana is going against the current gun control trend.
Not really. Louisiana is a very strongly conservative state.
A statue of a felon with a firearm??
Minuteman statues to be removed.
Creek,
“Good. If they’re too dangerous to own a gun, they’re too dangerous to release from prison.”
Besides, if they really want a gun they’ll get one no matter what the law says
The full range of felonies is pretty broad. My best friend, 40 years ago, introduced a guy who had some pot to sell, to a guy that wanted to buy some. Unfortunately for my buddy, the buyer was a cop. He was charged with something like “Conspiracy to Distribute” pot he didn’t even have. A Felony. Judge gave him 1 year’s probation, probation officer kicked him free in 3 months.
He’s been a tremendous husband and father, and now grandfather. Never even had a traffic ticket! He’s 65 now, a mechanical engineer. Walks with a cane. Works in downtown Cleveland,,,, not a friendly place! I think he should be able to get CCW. He’s no danger to anyone. He’s a good man, deprived of his Rights, by a foolish, youthful mistake, that amounted to something like saying; “Mike, this is Gary.”
As I've always said, we are all guilty we just have not been convicted yet.
There you go.
Your infraction was attracting the attention of "Law Enforcement" and then failing to respond.
Can't say I blame you. I have asked thousands of freepers to define "drunk" on hundreds of threads.
They can't do it.
I'm sorry for your plight, but do what you have to do, FRiend.
all i want to know is where in the contitution, especially the second amendment, are the restrictions on gun ownership written?????
Yes, indeedy.
The Constitution was meant to restrict government.
It doesn't work and is inoperable anymore.
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