Newly Strengthened Louisiana Right-to-Arms Provision

The Volokh Conspiracy ^ | 7 November, 2012 | Eugene Volokh

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It now reads,

The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.

The preceding version read, “The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.” The new version passed by a 73%-27% margin.

I’d love to hear from people who know Louisiana gun law and can tell me which laws they see as newly vulnerable. Two thoughts at the outset:

1. The New Orleans ban on stun guns should, I think, be especially clearly unconstitutional.

2. The denial of concealed gun carry permits to 18-to-20-year-olds ought to be particularly vulnerable as well. The recent NRA v. BATF (2d Cir. Oct. 25, 2012) held that the federal ban on dealer sales of handguns to 18-to-20-year-olds doesn’t violate the Second Amendment, and the Court said in dictum in D.C. v. Heller that concealed carry restrictions generally don’t violate the Second Amendment. But the more specific language of the Louisiana provision, coupled with the deletion of the concealed carry exception, might well make a difference.

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Thoughts on the reform of the Louisiana Constitution.

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Ping for later reading

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What will happen if the Feds decide to take your guns away? Will Louisiana State officials defend or will they buckle? Point being, that a law is worthless unless someone is willing to back it up, I know the people of Louisiana will back it up, but will the politicians?