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Dead Constitution
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Title: Judge: Louisiana law banning felons from owning guns is unconstitutional
Source: [None]
URL Source: http://www.rawstory.com/rs/2013/03/ ... ning-guns-is-unconstitutional/
Published: Mar 22, 2013
Author: Eric W. Dolan
Post Date: 2013-03-22 10:34:33 by Ada
Keywords: None
Views: 212
Comments: 11

A judge ruled Thursday that a Louisiana law prohibiting felons from carrying firearms was in violation of a recently ratified constitutional amendment, according to The Times-Pacayune.

“The courts cannot question the wisdom of fundamental law and frustrate the will of the people; their function is to interpret and apply that law,” he wrote. “After reviewing the law and applying a strict scrutiny standard, the Court finds La R.S. 14:95.1 unconstitutional in its entirety.”

Louisiana voters approved a constitutional amendment last November to subject any gun law to the highest standard of scrutiny by a court, a level of judicial review that few laws pass. Chris W. Cox, executive director of NRA’s Institute for Legislative Action, boasted that no state “has passed a right to keep and bear arms constitutional amendment as strong as Louisiana’s.”

Derbigny ruled the law was “not narrowly tailored to achieve the government’s interest.” The law applied to all felons, requiring the state to produce compelling evidence that felons in general should not be allowed to possess firearms.

The case involved a man who was convicted of attempted simple burglary, a felony crime, and later caught possessing firearms. The man’s attorneys argued that although the state had a compelling interest to prevent certain violent felons from owning guns, it could not provide compelling evidence that the same should be true for all felons.

The case now moves to the state Supreme Court.

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Begin Trace Mode for Comment # 7.

#1. To: Ada (#0)

This may backfire in an ugly way.

The Second Amendment speaks of a well-regulated militia. The US military, for example, excludes ex-cons. Deliberately putting guns in the hands of known, convicted criminals is inviting trouble.

Shoonra  posted on  2013-03-22   11:01:22 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Shoonra (#1)

In the past the courts have been used to herd troubled youth (or youth in trouble) into the military. A conviction implies a debt to society. It should be assumed that upon release from the justice system the convict has either been executed or has paid his debt. Would you deny 2nd amendment rights to someone who has had 1/2 oz of pot or for allowing their son to work past 10:00 on a weekday?

Hmmmmm  posted on  2013-03-22   11:56:18 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Hmmmmm (#4)

It should be assumed that upon release from the justice system the convict has either been executed or has paid his debt.

That's a good point.

Felonie or felony has come down to us from English law of old, and it's related to the word "fell" meaning villanous or evil as in "a fell dragon."

I once asked a Englishman whether a certain crime that was a felony in the U.S. was considered felony in Britain. He replied, "We don't make that distinction any more." Apparently, in Britain once you've served your sentence, you've paid your debt, and your civil rights are generally restored.

I wonder if we are unnecessarily condemning a whole class of people to second class citizenship and curtailing their ability to carry on with their lives after they've left prison. Our prisons are bursting at the seems as it is. No nation has as many felons as we do per capita if the statistics we read are correct.

randge  posted on  2013-03-22   12:35:52 ET  Reply   Untrace   Trace   Private Reply  


#7. To: randge (#6)

I wonder if we are unnecessarily condemning a whole class of people to second class citizenship and curtailing their ability to carry on with their lives after they've left prison.

It wasn't always that way, and it is wrong now. You are a free man with all the protections of the constitution or you are not. The founders did not conceive a population that would allow or condone it. When the constitution was enacted there were people it didn't protect, they were slaves.

Hmmmmm  posted on  2013-03-22   12:52:28 ET  Reply   Untrace   Trace   Private Reply  


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