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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge: Louisiana law banning felons from owning guns is unconstitutional
Topics: constitutional amendment ? louisiana law
http://www.rawstory.com/rs/2013/03/21/judge-louisiana-law-banning-felons-from-owning-guns-is-unconstitutional/
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 5.1 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 NRAs Institute for Legislative Action, boasted that no state has passed a right to keep and bear arms constitutional amendment as strong as Louisianas.
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The case involved a man who was convicted of attempted simple burglary, a felony crime, and later caught possessing firearms. The mans 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 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 5.1 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 NRAs Institute for Legislative Action, boasted that no state has passed a right to keep and bear arms constitutional amendment as strong as Louisianas.
****
The case involved a man who was convicted of attempted simple burglary, a felony crime, and later caught possessing firearms. The mans 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.
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Judge: Louisiana law banning felons from owning guns is unconstitutional (Original Post)
ashling
Mar 2013
OP
FarPoint
(12,317 posts)1. I'm curious....
Can a Felon in Louisiana vote?
madinmaryland
(64,931 posts)2. If he is white, I would assume. nt
elleng
(130,861 posts)3. Dunno but your suggestion is well taken:
The public welfare trumps the other stuff, and court should surely be able to recognize that the public interest in this prohibition is well-founded and surmounts any required 'strict scrutiny.'