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New Orleans judge rules statute forbidding felons from having firearms unconstitutional after
http://www.nola.com ^ | March 21, 2013 | Claire Galofaro

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 ...


TOPICS: Culture/Society; US: Louisiana
KEYWORDS: guncontrol; gunrights; louisiana; neworleans; secondamendment
Full Title:

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.

1 posted on 03/21/2013 1:40:43 PM PDT by BBell
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To: BBell

it should always be STRICT Scrutiny Test in any judicial review.


2 posted on 03/21/2013 1:44:04 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: BBell

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.


3 posted on 03/21/2013 1:48:57 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: BBell

IIRC, a felon in Texas can have a gun on the premises where he/she lives after 5 years.


4 posted on 03/21/2013 1:50:59 PM PDT by WCH
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To: WCH

Texas Penal Code §46.04.


5 posted on 03/21/2013 1:51:23 PM PDT by WCH
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To: BBell

Does itchange the Federal Brady lawovision also?


6 posted on 03/21/2013 1:52:56 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: longtermmemmory
it should always be STRICT Scrutiny Test in any judicial review.

I second that. All in favor?

7 posted on 03/21/2013 1:57:27 PM PDT by Standing Wolf
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To: BBell
Just what New Orleans needs to catch up with Chicago and Detroit.

Still say it's a good law, could make conceal carry legal without stupid permit and dollars spent, which I believe is part of what the second amendment is about.
8 posted on 03/21/2013 1:59:26 PM PDT by The Cajun (Sarah Palin, Mark Levin......Nuff said.)
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To: WCH

I did not know that. Now I do.


9 posted on 03/21/2013 1:59:28 PM PDT by BBell (And Now for Something Completely Different)
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To: cripplecreek
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 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.

10 posted on 03/21/2013 2:00:16 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: BBell

It’s interesting that Louisiana is going against the current gun control trend.

Not really. Louisiana is a very strongly conservative state.


11 posted on 03/21/2013 2:33:40 PM PDT by JLLH
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To: elkfersupper
The bad news is that all of us are felons, given the plethora of laws that no human can know.

Exactly. That's why people need to quit being so pious about what felons can and can't do.

I'm a felon who committed the horrifying crime of failing to appear for court on a drunk driving arrest better than 20 years ago. There's no telling what I might do if I had a weapon.
12 posted on 03/21/2013 2:41:21 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: BBell

A statue of a felon with a firearm??

Minuteman statues to be removed.


13 posted on 03/21/2013 2:42:02 PM PDT by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: cripplecreek

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.”


14 posted on 03/21/2013 2:47:49 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: elkfersupper
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

As I've always said, we are all guilty we just have not been convicted yet.

15 posted on 03/21/2013 3:25:13 PM PDT by BBell (And Now for Something Completely Different)
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To: BBell
Given all the restrictive gun laws now piling up like goose turds around a weedy pond, most of us are now (or soon will be) felons, too.
16 posted on 03/21/2013 3:29:49 PM PDT by Gritty (The Constitution's purpose is to insulate personal freedom from the lust for power-Judge Napolitano)
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To: cripplecreek
I'm a felon who committed the horrifying crime of failing to appear for court on a drunk driving arrest better than 20 years ago. There's no telling what I might do if I had a weapon.

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.

17 posted on 03/21/2013 4:06:40 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: BBell

all i want to know is where in the contitution, especially the second amendment, are the restrictions on gun ownership written?????


18 posted on 03/21/2013 4:07:41 PM PDT by joe fonebone (The clueless... they walk among us, and they vote...)
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To: BBell
As I've always said, we are all guilty we just have not been convicted yet.

Yes, indeedy.

19 posted on 03/21/2013 4:11:15 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: joe fonebone
all i want to know is where in the contitution, especially the second amendment, are the restrictions on gun ownership written?????

The Constitution was meant to restrict government.

It doesn't work and is inoperable anymore.

20 posted on 03/21/2013 4:13:10 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: elkfersupper

In my case I was so close to the legal limit that it couldn’t be determined by field sobriety tests. Even after a blood test they never really proved guilt.

After 9 months of showing up for court every 3 weeks so they could inform me that the test results hadn’t come in I said screw it. Basically they got me on a 2nd charge stemming from an unproven 1st charge.

I was a kid then and should have paid an attorney to come into the courtroom to tell the judge to toss the charge.


21 posted on 03/21/2013 4:18:35 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: cripplecreek
Woulda', shoulda' coulda'

Don't say anything or do any stupid human tricks on the side of the road. Also, do not consent to any breath or blood tests without a warrant.

The same principles apply if the enemy shows up at your house or your vehicle for any other reason(s).

Apparently, you learned all of that the hard way.

Hope it all works out.

22 posted on 03/21/2013 4:25:37 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: cripplecreek
I'm a felon who committed the horrifying crime of failing to appear for court on a drunk driving arrest better than 20 years ago. There's no telling what I might do if I had a weapon.

I'm a felon whose felony was carrying a gun in Illinois.

23 posted on 03/21/2013 7:49:13 PM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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