Thursday, December 12, 2013

Fundamental

Last November, the voters of Louisiana approved an amendment to our state constitution making possession of a firearm a fundamental right, subject to strict scrutiny.  What does that mean?  We're still figuring it out.  Two days ago, though, the Louisiana Supreme Court offered a narrow opinion that sheds some light on the question.  Mr. Justice Clark, writing for the majority, said:
After reviewing the statue under a strict scrutiny analysis, we hold La. R.S. 14:95.1, as applied to a convicted felon still under state supervision, does not unconstitutionally infringe upon the right to bear arms secured by article I, section 11 of the Louisiana Constitution. The district court’s ruling that La. R.S. 14:95.1 is unconstitutional is reversed. The district court's ruling granting the defendant's motion to quash the bill of information is reversed. This matter is remanded to the district court for further proceedings. 
So, it appears that our convicted felon law still applies to persons under state supervision.  Will it apply to those folks who have completed their sentences?  We don't know yet.  That question and others will have to work their way through our court system for clarification. Those questions will make life interesting for the police and prosecutors, but we're up to the challenge.

Let Freedom Ring.

3 comments:

Termite said...

Interesting.

Old NFO said...

Interesting potential approach... I'll be curious as to how this plays out...

Anonymous said...

Should be a moot point if federal laws worked said felon should be facing a federal charge