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State Supreme Court strengthening gun rights

Posted on 4/21/14 at 12:57 pm
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 12:57 pm
If I remember sometime last year the state made it, atleast in Nola (correct me if I'm wrong) that there is a "fundamental" right to carry which shouldn't include felons no longer on probation or parole?

Can someone explain this to me? Will it be over turned, is it trumped by the federal laws.


Honestly I'm looking to get me a pistol again since I've paid my dues.
This post was edited on 4/21/14 at 1:19 pm
Posted by PuntBamaPunt
Member since Nov 2010
10070 posts
Posted on 4/21/14 at 12:59 pm to
What crime were you convicted of?
Posted by VetteGuy
Member since Feb 2008
28189 posts
Posted on 4/21/14 at 12:59 pm to
quote:

I'm not the most careful person so some protection would be smart for someone like me.


Fail post is full of fail.

Don't buy a gun, esp in NOLA.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 1:01 pm to
3 time loser.... All possession of different schedules


Vette, I understand it is a fail post, what in it is a fail. I don't know much about this... I just want my right to carry and possibly vote again ... I've paid my dues over the last decade

Also why not in Nola? If I lives in the middle of the sticks I probably wouldn't feel I need one... I just catch myself having no fear and have been in hairy situations and would have been nice to have a pistol in my truck. I don't see the issue
This post was edited on 4/21/14 at 1:04 pm
Posted by VetteGuy
Member since Feb 2008
28189 posts
Posted on 4/21/14 at 1:10 pm to
OK, assuming your not trolling...

re-read what you posted:
quote:

not the most careful person


quote:

want to carry a gun


Think about that for a minute.


In NOLA, cops routinely stop people and confiscate weapons whether they are legally possessed or not.
What do you think they would do when they run you, see the record and then see the weapon?
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 1:12 pm to
Not meaning I'm careless.... Sorry I wrote that wrong.... Meaning I go on areas that some would consider dangerous I guess.... Not meaning I go out and get all drunk and stupid..... Actually don't even really drink anymore at all.... I've grown up I would say and would like to actually carry a pistol legally.


So the cops would take my shite even if I'm legally carrying??
Posted by VetteGuy
Member since Feb 2008
28189 posts
Posted on 4/21/14 at 1:15 pm to
quote:

So the cops would take my shite even if I'm legally carrying??


Most would, some wouldn't.

They did it during Katrina and a lot of 'em still do. They don't GAS about any old Constitution.

Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 1:17 pm to
That's pretty fricking shitty


What if I get with the Sherrif or whatever and get something in writing I would keep with my pistol or whatever.

I'm seriously not trolling.
Posted by BRgetthenet
Member since Oct 2011
117717 posts
Posted on 4/21/14 at 1:19 pm to
I thought you were in law school.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 1:20 pm to
Nope
Posted by Jones
Member since Oct 2005
90534 posts
Posted on 4/21/14 at 1:20 pm to
quote:

What if I get with the Sherrif or whatever and get something in writing I would keep with my pistol or whatever. 


You watch the Untouchables lately?
Posted by BRgetthenet
Member since Oct 2011
117717 posts
Posted on 4/21/14 at 1:21 pm to
I see.


OT is the next best thing.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 1:22 pm to
Don't think I've ever seen it.... I'm guessing he holds some papers
Posted by VetteGuy
Member since Feb 2008
28189 posts
Posted on 4/21/14 at 1:32 pm to
quote:

What if I get with the Sherrif or whatever and get something in writing I would keep with my pistol or whatever.


ehh...


I wouldn't.

The only way to do it legally is to get the permit. even then that's weak in NOLA.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 2:18 pm to
This is all real stupid......
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76340 posts
Posted on 4/21/14 at 2:32 pm to
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.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/21/14 at 2:38 pm to
Thanks... That's what I was looking for
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