Louisiana Judge rejects law blocking felons from owning guns

[adit]

Didn't see this one posted anywhere...

http://www.chron.com/news/article/Judge-rejects-law-blocking-felons-from-owning-guns-4375123.php

 

[knownalien]

well, makes you think. if your crime had nothing to do with guns or gun ownership, maybe they have something. Really pushing the envelope here. Like that a judge was giving this strict scrutniy though.

 

[jrosenberger]

Like that a judge was giving this strict scrutniy though.

The state constitution now explicitly says he has to.

 

[Docster]

Louisiana's law are a little different than the rest of the country....

from Wikipedia:

Louisiana is unique among the 50 U.S. states in having a legal system primarily based on French and Spanish codes and ultimately Roman law, as opposed to English common law.

 

[knownalien]

Louisiana's law are a little different than the rest of the country....

from Wikipedia:

Louisiana is unique among the 50 U.S. states in having a legal system primarily based on French and Spanish codes and ultimately Roman law, as opposed to English common law.

crap. I'm gonna have to drive through that state this summer. better brush up on my french!

 

[alucard0822]

good, some might have an issue with it, but logically, if society deems them safe enough to be on the street without probation/parole, then they should have the same legal rights as anyone else. Practically, it goes to undue the demonization of firearms, blaming the criminal not the tool, and so on, and obviously if the intent of the law was to prevent a prohibited person from possessing, it failed. Now there may be federal charges in play, and I am not sure who LA formerly considered a prohibited person, murderers, speeders, who knows, but they shouldn't go above and beyond the federal standard anyway. Ultimately I am a 2A purist, I would rather see anyone and everyone armed with any firearm they can afford to buy instead of a citizenry disarmed.

 

[adit]

I agree. If they are a threat to society then they should be locked up.

 

[teratos]

This was bound to happen. There are a lot of people who are prohibited who should not be. The person who commits a felony at the age of 18 or 19 is often a much different person 20 years later. Self defense is a Civil Right.

 

[trickg]

Interesting, but isn't this in direct conflict with the GCA of 1968? Doesn't Federal law trump state law in this instance?

 

[fleaman64]

If you do the time for the crime, you should have ALL rights in the Bill of Rights restored. Problem is that we let too many of these violent offenders out to begin with.

The other problem is we have the largest prison population in the world! Victimless "crimes" (an oxymoron) should be dealt with by fines not jail time.

 

[Les Gawlik]

I agree. For those of you who saw the video on not talking to the police, you know that shipping certain seafood in plastic rather than cardboard can be a felony. We need to find that fellow to be a plaintiff in a restoration of rights case. How they will come up with even a rational basis will tough on those facts.

 

[Not_an_outlaw]

What about crimes like tax evasion? Not really acrime of violence! Seems like you should be able to own firearms in this case.

 

[alucard0822]

What about crimes like tax evasion? Not really acrime of violence! Seems like you should be able to own firearms in this case.

felon tax cheats are too dangerous to own guns, but they are not too dangerous to run the treasury department, or write tax code.

 

[Ab_Normal]

felon tax cheats are too dangerous to own guns, but they are not too dangerous to run the treasury department, or write tax code.

Or run for public office or stay in public office and have no repercussions from it.

 

[Les Gawlik]

...and bank fraudsters are perfectly suited to write our health care laws, while in prison no less!

 

[teratos]

Or run for public office or stay in public office and have no repercussions from it.

Good point. If you can't own a firearm, you are not responsible enough to be a lawmaker. That should be a law, but none of these scum bags would pass it.

 

[racinghoss]

Good stuff. Maybe a few other "good states" like Alaska, Arizona, etc will also buy into this.

 

[Ab_Normal]

Good point. If you can't own a firearm, you are not responsible enough to be a lawmaker. That should be a law, but none of these scum bags would pass it.

Pass that law and see how quick a lot of stuff becomes un-illegal - is that a word?

 

[teratos]

Pass that law and see how quick a lot of stuff becomes un-illegal - is that a word?

It's a word now. I have e-mailed the Webster's Dictionary people to take note...

 

[ericoak]

Louisiana is the ONLY state in the country to use a civil system like the French instead of common law like the English. I am by no means an expert, but my understanding is that precedents matter less under their system.

Whether this even has impact on this case, I couldn't tell you.