Posted on 10/21/2013 6:43:23 PM PDT by neverdem
Louisiana Supreme Court justices are considering the residual and likely unintended effects of the constitutional amendment that voters overwhelmingly approved last year to make gun ownership a "fundamental" right. The question is whether the amended Constitution now lets convicted felons possess firearms, an act that is forbidden by the state criminal code.
Just how far Louisiana's new gun right, one of the strongest in the country, should extend was a central theme of argument that lawyers gave Monday, on the constitutionality of Louisiana's law against felons possessing firearms. As Associate Justice John Weimer of Thibodaux framed it, in weighing a public safety policy against the constitutional demands, should the state let people on probation -- even people still in prison -- have guns?
"Don't you admit there are some lines we have to draw?" he asked Colin Reingold, a New Orleans public defender who argued that the new amendment makes the the felon firearm law unconstitutional.
The issue arrived at the Supreme Court after New Orleans Criminal District Court Judge Darryl Derbigny's March 21 ruling in the state's case against Glen Draughter, 21. Convicted of attempted burglary, he was not allowed to have guns under Revised Statute 14:95.1, which bars convicted felons from possessing firearms.
His attorneys, Reingold and Jill Pasquarella, asked that the firearm charge be tossed out on constitutional grounds. Derbigny agreed, leading District Attorney Leon Canizzarro's office to appeal.
Almost 75 percent of Louisiana voters who cast ballots in November approved adding these words to the Constitution: "The right of individuals to acquire, keep, possess, transport, carry, transfer, and use arms for defense of life and liberty, and for all other legitimate purposes, is fundamental and shall not be denied or infringed, and any restriction on this right must be subjected to strict scrutiny."
Don't you admit...
(Excerpt) Read more at nola.com ...
“Don’t you admit there are some lines we have to draw?”
No. Next dumb question...
Unelected bureaucrats will not be emperors in their own personal fiefdoms.
Let felons have their guns. They carry them anyway, plus this might get Louisiana to reform its prisons and sentencing laws.
Give the future (current trend?) possibility of thought crimes, I'm not sure that being a felon would necessarily make one and poor risk for gun ownership.
For the grat majority of our history, EVERYONE had the right to own a firearm. The 1968 Gun Control Act, as translated from a German Nazi law, changed that.
Not sure it can be done properly. I’d suggest that if you’re in jail, no you can’t exercise your natural rights. If out of jail, even on parole, the gov has no business infringing. Keep it very simple so the corrupt legislature and courts can’t screw it up. Then again, I live in the PRK and our pols (and I certainly include the judges in that) are bought and paid for.
Same thing in California if there was no gun in the felony -
and usually if they are searching for drugs in the house and they find the weapons, = probable cause.
My experience in New York State and California involving drug dealers is a warrant search for drugs and weapons, but if neither is involved in the felony, they do not search the house and seize the weapons.
There are people here that have been convicted for non-weapon non-drug felonies but the weapons are still there after he got released from prison coz he has his 30-06 and other rifles he uses for hunting and the local cops do not bother him...
The origin of this law predates the Constitution as the govt was not allowed to seize the weapons of a released felon because his family would starve in wintertime for lack of game meat-
PRECEDENT+ ,
A false claim of domestic abuse will get your guns taken the next day in Louisiana - under the federal Brady act
A false claim of domestic abuse will get your guns taken the next day in Louisiana - under the federal Brady act
They are making so many crimes a felony in order to kill gun rights.
Wrong. All it takes is a domestic violence claim.
Guilt until proven innocent?
Here is the new assault on the people.
-— ... -— Repeal Uniform Child Abduction Prevention Act (UCAPA). Www.ucapa.us. The law (first signed by Sebelius off course; now law in 15 plus States - Repeal Uniform Child Abduction Prevention Act (UCAPA). Www.ucapa.us.
You might note my tagline.
fundamental right means they have to have due process to take the right away.
We be discussing the Louisiana Constitution, not Federal statute.
Interesting case. FWIW, I’m no fan of taking away the right to bear arms from convicted felons, at least those who are not in prison. To me these sort of laws beg a more fundamental question: if this person is so dangerous that we have to make it a crime of their merely touching a gun, then why pray tell are they out of prison in the first place?
Another implication that probably hasn’t been litigated yet is that the state of Louisiana would apparently no longer be able to require a permit to carry a concealed firearm. Or be able to regulate the types of firearms possessed.
The "many" have them anyway.
So? When the Sheriff comes to take your guns, they are gone.
And I a talking about a Louisiana law that enables the Sheriff to come take your guns.
I have a friend in Livingston. He lost his guns for four months because his ex made a false complaint.
While the complaint was quickly dropped, they had to jump through hoops fortheSheriffforfour moremonthstogettheguns back.
If not for the tenacity of his dad, he would have probably given up.
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