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New Orleans judge rules statute forbidding felons from having firearms unconstitutional after 'fundamental right' amendment
An Orleans Parish judge on Thursday ruled that the state statute forbidding certain felons from possessing firearms is unconstitutional, in the wake of a constitutional amendment passed last year that made the right to bear arms a fundamental one in Louisiana
Derbigny ruled that the entire statute -- RS 14:95.1 -- was unconstitutional after voters last year approved by a sweeping majority a constitutional amendment backed by the National Rifle Association. That bill made gun ownership a "fundamental right," on the same level as freedom of speech or religion.
A court interpreting any law restricting a fundamental right -- as gun ownership is now considered -- must approach it with "strict scrutiny," the highest level of judicial scrutiny.
Gov. Bobby Jindal wrote an op-ed too, but his exhorted voters to pass the amendment, which he described as "an ironclad guarantee of freedom here in Louisiana."
In a prepared statement Thursday, the Jindal administration said: "We disagree with the judge's ruling. The amendment passed last session is not in conflict with Louisiana or federal law barring felons from owning guns."
Cannizzaro's office, meanwhile, offered an "I told you so" statement.
"District Attorney Cannizzaro predicted that the passing of this amendment would cause prosecutors across the state to go to court and defend the constitutionality of 14:95.1," Bowman said Thursday.
Loyola Law School professor Dane Ciolino said it's not unusual for constitutional amendments to have consequences voters may not have foreseen.
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Every time I post one of these stories about another Republican fuck-up, USMB Republicans scream I'm biased and "just plain mean".
bobby jindal amends constitution - guns for felons
I'm telling you, I couldn't make this shit up. It simply doesn't occur to me. The GOP is the party of "We Fucked Up". It's what they do. What is it they are thinking? Or do they think? Damn.
An Orleans Parish judge on Thursday ruled that the state statute forbidding certain felons from possessing firearms is unconstitutional, in the wake of a constitutional amendment passed last year that made the right to bear arms a fundamental one in Louisiana
Derbigny ruled that the entire statute -- RS 14:95.1 -- was unconstitutional after voters last year approved by a sweeping majority a constitutional amendment backed by the National Rifle Association. That bill made gun ownership a "fundamental right," on the same level as freedom of speech or religion.
A court interpreting any law restricting a fundamental right -- as gun ownership is now considered -- must approach it with "strict scrutiny," the highest level of judicial scrutiny.
Gov. Bobby Jindal wrote an op-ed too, but his exhorted voters to pass the amendment, which he described as "an ironclad guarantee of freedom here in Louisiana."
In a prepared statement Thursday, the Jindal administration said: "We disagree with the judge's ruling. The amendment passed last session is not in conflict with Louisiana or federal law barring felons from owning guns."
Cannizzaro's office, meanwhile, offered an "I told you so" statement.
"District Attorney Cannizzaro predicted that the passing of this amendment would cause prosecutors across the state to go to court and defend the constitutionality of 14:95.1," Bowman said Thursday.
Loyola Law School professor Dane Ciolino said it's not unusual for constitutional amendments to have consequences voters may not have foreseen.
----------------------------------------------------------
Every time I post one of these stories about another Republican fuck-up, USMB Republicans scream I'm biased and "just plain mean".
bobby jindal amends constitution - guns for felons
I'm telling you, I couldn't make this shit up. It simply doesn't occur to me. The GOP is the party of "We Fucked Up". It's what they do. What is it they are thinking? Or do they think? Damn.