Louisiana Trial Court Strikes Down Louisiana Felon-in-Possession Ban

The Volokh Conspiracy ^ | 21 March, 2013 | Eugene Volokh

[marktwain]

In November 2012, Louisiana voters strengthened the Louisiana Constitution’s right to bear arms provision, to read

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.

Today, Louisiana Judge Darryl A. Derbigny, in State v. Draughter (La. Crim. Dist. Ct. Mar. 21, 2012), held that the Louisiana ban on felon possession of guns violates this provision. The analysis was brief:

Under the strict scrutiny standard, government action is not presumed to be constitutional, and will not be upheld by [a] Court unelss shown to be necessarily related to a compelling state interest.... After applying the strict scrutiny standard to [the statute], this Court concludes that the statute is not narrowly tailored to achieve the government’s interest. [The statute] applies without discretion to nearly every felony crime enumerated in the Louisiana Criminal Code. As such, the statute, ‘as-is’, is unconstitutional in its entirety.

I assume the government will appeal, and Louisiana appellate courts will consider the issue. Note that the federal ban on possession of guns by felons remains in effect — federal law is governed only by the Second Amendment and not by state constitutional provisions, and D.C. v. Heller stated that felon in possession bans generally don’t violate the Second Amendment. Federal prosecutors could thus prosecute felons possessing guns in Louisiana even if the decision as to the Louisiana law is affirmed.

Source

[marktwain]

The court's logic seems clear. What is the compelling state interest in preventing someone who has picked up a Red Tailed Hawk feather from owning a firearm?

[chris37]

I cannot disagree with this.

If debt have been paid, then they have been paid.

[PotatoChop]

I agree, the use of “convicted felons” was used by the liberal socialist in so called gun control to get their foot in the proverbial door, believing most Americans would support gun control if the legislation was written to prevent convicted felons from possessing firearms. It worked perfectly! This of course was NOT the intent of the liberal socialist at all, as is evidenced by all the new gun control legislation coming out of the liberal socialist all across this country!

Not a single “convicted felon” committed any of the recent acts of multiple murders, and now, the liberal socialist have revealed their hand and wants to ban all firearms from law abiding Americans.

After all, just as you have pointed out, if an American has paid his or her debt to society in full, how can the government come along and demand further punishment in the form of denying him or her the right to self defense with a firearm? Funny how most Americans supported taking convicted felons’ firearm rights from them for “life” but, now that the government is coming for their (law abiding) firearms, all hell is breaking out!

Americans should have never let gun control pass for anyone, sooner than later, they should have known they would get around to taking the law abiding Americans firearms as well! The end goal is to disarm every American, not the so called “convicted felons” but, was easier to get passed going after CONVICTED FELONS.

Great post!!

[2ndDivisionVet]

Darryl A. Derbigny for president. LOL

[rawcatslyentist]

>"This of course was NOT the intent of the liberal socialist at all,"

I disagree. First the felons, then they classify us all as felons.

[PotatoChop]

Currently, just being in possession of an Assault Weapons does make you a criminal, but, not a felon until you are convicted. But, a person who has served their time and paid their debt to society: a “convicted felon” was used just to get their foot in the door on gun control.

Now they are coming after all Americans just for possession a specific firearm, a constitutionally protected right, law abiding Americans everywhere.

[Democrat_media]

We the people of Louisiana voted for this amendment to the Louisiana Constitution and now we have the most freedom to carry a gun. We are very conservative

I know we would vote to secede from this communist hell hole if given a chance.

[BobL]

The problem with Louisiana, in particular is that a convictions for felonies typically result in jail terms of about 30 days, and that’s only if you don’t get a judge that equates jail with slavery, if you know what I mean.

There was actually an article in the Houston Chronicle detailing how the lives of Katrina “Refugees” were being ruined here in Texas. They came here, and picked up where they left off, so they got back to work on the robberies, assaults, etc., and some got arrested. But then they got the surprise of their lives at sentencing. Instead of the usual 15 to 30 days for forcible rape - so still being able to make their sister’s wedding later that summer, they were looking at 15 to 30 years...and Texas was SERIOUS. I believe we’ve since somewhat ‘adjusted’ our sentencing to be more in line with what this bunch is used to...but it was fun back then to see them complain.

So maybe, just maybe, back in Louisiana there will be a push to clean up their sentencing a bit there.

[Charles Martel]

First the felons, then they classify us all as felons.

The precedent for extending this beyond felony offenses is already part of federal law, courtesy of that old scumbag Lautenberg.