Friday, March 22, 2013

Judge Rules Ban on Felon Gun Possession Unconstitutional Under New Amendment

A state judge ruled that a Lousiana statute that criminalizes gun possession by felons violated the state's new and enanced right to bear arms, according to the Times-Picayune.  The judge ruled the criminal ban unconstitutional and dismissed the felon possession charge against the defendant in the case.  The ruling will go directly to the state supreme court.

Louisiana voters last year overwhelmingly passed a proposed state constitutional amendment, Proposed Amendment 2, that made "the right to keep and bear arms . . . fundamental" and explicitly provided for strict scrutiny review of any restriction of that right.  The amendment also did away with previous language that permitted the state to prohibit the carrying of a concealed weapon.  Here's the Lousiana SOS backgrounder; here are the ballot measures.

Under the new amendment, courts faced with a restriction on "the right to keep and bear arms" must apply strict scrutiny review.  According to Judge Darryl Derbigny, Louisiana's statute criminalizing felon possession of guns just didn't cut it.

SDS

http://lawprofessors.typepad.com/conlaw/2013/03/judge-rules-ban-on-felon-gun-possession-unconstitutional-under-new-amendment.html

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