LA Supreme Court Strikes Down No Guns for Felons Law

[Kirk Freeman]

Supreme Court of Louisana, applying the new strict scrutiny standard of review, strikes down Louisana's blanket "no guns for felons" statute.

The Volokh Conspiracy » Louisiana Trial Court Strikes Down Louisiana Felon-in-Possession Ban, as Violating Newly Strengthen Louisiana Right to Bear Arms Provision

David Hardy comments:

Of Arms and the Law: Louisiana trial court strikes down State felon-in-possession

 

[terrehautian]

This is interesting.

 

[Kirk Freeman]

If the federal courts applied strict scrutiny to gun laws, ownership of an M16A4 or M4 would be mandatory.

 

[mrjarrell]

Can't help but see more than a few people who are going to be let out of jail now. About time. Now maybe they'll make a move and fix their stupid no guns around alcohol law.

 

[Scutter01]

Wouldn't they still fall under the federal ban on felons possessing firearms?

 

[OneShotFOGE]

Can't help but see more than a few people who are going to be let out of jail now. About time. Now maybe they'll make a move and fix their stupid no guns around alcohol law.

I dont know about that one. Seems like a bad idea combining alcohol and guns. Maybe they could amend it to something like driving. Put a legal limit on gun use.

 

[eldirector]

I dont know about that one. Seems like a bad idea combining alcohol and guns. Maybe they could amend it to something like driving. Put a legal limit on gun use.

Then don't do it, and do hang out with people that do. BOOM! Problem solved without legislation.

 

[Hammer]

Then don't do it, and do hang out with people that do. BOOM! Problem solved without legislation.

I do not think you understand the law he is talking about. The law as it stands basically says, that you cannot carry a gun into a place of business that sells alcohol. That includes restaurants that sell alcohol, i.e. chills, texas corral, outback, mexican restaurants, etc.....
This is even if you are not drinking.

 

[CathyInBlue]

OMG!

Wouldn't they still fall under the federal ban on felons possessing firearms?

But convictions on state charges, yielding state sentences, served in state prisons would be null and void.

 

[mrjarrell]

I dont know about that one. Seems like a bad idea combining alcohol and guns. Maybe they could amend it to something like driving. Put a legal limit on gun use.

There are no restrictions on carry in a bar in Indiana and we don't seem to have any problems. I'm a frequent visitor to NOLA and would like to be able to legally carry my firearm in the French Quarter and to most of the restaurants I go to. Most states that have an exemption from carrying in places that serve alcohol see no problems. Gun carriers are a pretty responsible bunch, by and large.

 

[Faine]

I dont know about that one. Seems like a bad idea combining alcohol and guns. Maybe they could amend it to something like driving. Put a legal limit on gun use.

Guns and alcohol are perfectly fine together, it's the human that's the problem. Last I checked a bottle of Maker's Mark didn't go drunk driving.