Barring felons from owing guns is now illegal in Louisiana | TigerDroppings.com

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TigerintheNO
LSU Fan
New Orleans
Member since Jan 2004
22448 posts

Barring felons from owing guns is now illegal in Louisiana


quote:

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.


quote:

Derbigny ruled 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,"



Big question is it retroactive?


quote:

Cannizzaro's office offered an "I told you so" statement on Thursday.
"District Attorney Cannizzaro predicted that the passing of this amendment would cause prosecutors across the state to go to court and defend the constitutionality of 14:95.1," Bowman said Thursday. The Jindal administration and the National Rifle Association had no immediate comment about Derbigny's ruling Thursday.

Loyola Law School professor Dane Ciolino said it's not unusual for constitutional amendments to have consequences voters may not have foreseen







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kingbob
LSU Fan
St. Amant, LA
Member since Nov 2010
16399 posts

re: Barring felons from owing guns is now illegal in Louisiana


damnit! I knew this would happen if I voted for that amendment





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


i'm not really against this, but that is just a little judge who doesn't matter at all. you can still regulate guns, even if they're protected by a fundamental right





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BayouBandit24
New Orleans Saints Fan
Member since Aug 2010
11911 posts

re: Barring felons from owing guns is now illegal in Louisiana


uh o





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Decatur
New Orleans Saints Fan
Member since Mar 2007
17529 posts

re: Barring felons from owing guns is now illegal in Louisiana


yeesh

I guess we'll have to see what the LASC will do






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

I guess we'll have to see what the LASC will do

yeah it's not like some district court judge in nola matters at all

frick, the 3rd circuit still rules the med mal statute unconstitutional about every other year






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Y.A. Tittle
Winthrop Fan
Member since Sep 2003
48975 posts

re: Barring felons from owing guns is now illegal in Louisiana


This shouldn't be too hard to do, with the recidivism rate in La.

quote:

Public defenders Jill Pasquarella and Colin Reingold argued that under a strict-scrutiny test, the government must be able to provide compelling data showing that those convicted of crimes like simple burglary prove a heightened threat to society when armed.






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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
5357 posts

re: Barring felons from owing guns is now illegal in Louisiana


Everyone who knew anything about the law knew this was going to be a consequence.

The State Supreme's will take it up soon, but everyone knew there would be a judge somewhere willing to make a name for themselves.

Who knows, the judge may be right. I haven't read the ruling.

It was absolutely a stupid and unnecessary amendment.






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

This shouldn't be too hard to do, with the recidivism rate in La.

yeah i have no doubt the state will be able to show enough of a state interest to keep the law






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Srbtiger06
USA Fan
Buga Nation
Member since Apr 2006
20463 posts

re: Barring felons from owing guns is now illegal in Louisiana


I wonder how many posters will say "oh let's make guns illegal...THAT'LL stop them"





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

It was absolutely a stupid and unnecessary amendment.

why? i really like it

i like what it's doing, even via a district court judge in nola






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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
5357 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

frick, the 3rd circuit still rules the med mal statute unconstitutional about every other year



I do love watching them get constantly slapped down for it too.

Speaking of slapping down (in regards to the other Supreme Court thread earlier), what the LASC does every time they get one of those 3rd Circuit Med Mal cases can truly be considered a bitch slap.






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


no a bitch slap was when the LASC went against the 3rd circuit (and trial court) in that punitive damage case from LC about a year ago

i actually went to a conference of the 3rd circuit about a week after that ruling and they were not too happy






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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
5357 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

why? i really like it



It just makes it that much easier to challenge rational gun laws. I do like some basic protections, and it pains me to know that judicial resources will be wasted wading through the muck to sort out this amendment.

It's not about an amendment that proposes X tax, it's about an amendment that purports to establish a solid (objective) standard that many judges may not grasp.

Hell, I watch the appeals courts struggle daily with what "abuse of discretion" means.






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

It just makes it that much easier to challenge rational gun laws.

i see it as opening up a discussion about irrational gun laws

quote:

it's about an amendment that purports to establish a solid (objective) standard that many judges may not grasp.


it's also an opening to discuss how silly and uneducated many trial court judges are







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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
5357 posts

re: Barring felons from owing guns is now illegal in Louisiana


I agree. There are two different sides to every coin, but I really do worry you are going to see just about every gun law on the books struck down at some point under this amendment.

That's not a discussion.






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
291610 posts

re: Barring felons from owing guns is now illegal in Louisiana


it's not 1 discussion

it will be 1,000 little discussions

this is a great place to start. it's a silly and overbroad law with horrible min punishments






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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
5357 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

this is a great place to start. it's a silly and overbroad law with horrible min punishments


Do you really think so? Starting with a law banning felons from owning guns is not a really great place to start the discussion. Most people see that as a reasonable restriction.

Whether or not the sentences are horrible (which I tend to agree with) is not a basis for starting with a reasonable restriction.






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TigerintheNO
LSU Fan
New Orleans
Member since Jan 2004
22448 posts

re: Barring felons from owing guns is now illegal in Louisiana


quote:

but that is just a little judge who doesn't matter at all.


It mattered to the defendent, another judge Marullo had a similar rulings. He just dismissed the cases against the felons, but didn't overturn the statute.






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Five0
USA Fan
Member since Dec 2009
4994 posts

re: Barring felons from owing guns is now illegal in Louisiana


Gotta ask, is the judge a felon?





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