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ashling

(25,771 posts)
Thu Mar 21, 2013, 09:12 PM Mar 2013

Judge: 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 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.”

****

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.
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Judge: Louisiana law banning felons from owning guns is unconstitutional (Original Post) ashling Mar 2013 OP
I'm curious.... FarPoint Mar 2013 #1
If he is white, I would assume. nt madinmaryland Mar 2013 #2
Dunno but your suggestion is well taken: elleng Mar 2013 #3

elleng

(130,861 posts)
3. Dunno but your suggestion is well taken:
Thu Mar 21, 2013, 09:42 PM
Mar 2013

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.'

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