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Started By
Message
re: State Supreme Court strengthening gun rights
Posted on 4/21/14 at 2:32 pm to SuperSaint
Posted on 4/21/14 at 2:32 pm to SuperSaint
State law 14:95.1 says certain felons cannot possess a firearm. There's a ten year "cleansing" period after which firearm rights are restored. I'm not speaking of federal law.
Recently voters passed a state constitutional amendment that strengthened the right to bear arms. Defense lawyers quickly filed motions in 95.1 cases. The Draughter case went to La Supreme Court where the court ruled the statute remained constitutional. However, if I recall the defendant in Draughter was still on parole and thus still under DOC supervision. I don't believe the Court has ruled on felons not on parole.
I personally don't think the Court will strike 95.1, and at most the statutes language will be tightened up. I still file motions challenging 95.1 in my cases although I've not had occasion to really argue it, and most judges are not impressed.
tl;dr-- if you're a felon be very careful about getting a gun. Consult a lawyer.
Recently voters passed a state constitutional amendment that strengthened the right to bear arms. Defense lawyers quickly filed motions in 95.1 cases. The Draughter case went to La Supreme Court where the court ruled the statute remained constitutional. However, if I recall the defendant in Draughter was still on parole and thus still under DOC supervision. I don't believe the Court has ruled on felons not on parole.
I personally don't think the Court will strike 95.1, and at most the statutes language will be tightened up. I still file motions challenging 95.1 in my cases although I've not had occasion to really argue it, and most judges are not impressed.
tl;dr-- if you're a felon be very careful about getting a gun. Consult a lawyer.
Posted on 4/21/14 at 2:38 pm to biglego
Thanks... That's what I was looking for
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