Amendment to Louisiana’s state constitution - 2A Rights - to be Voted on Nov 6th

Amendment to Louisiana’s state constitution - 2A Rights - to be Voted on Nov 6th

This is a discussion on Amendment to Louisiana’s state constitution - 2A Rights - to be Voted on Nov 6th within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A Historic Opportunity For Louisiana Voters To Protect Their Gun Rights Posted on October 4, 2012 by Ammoland By: Chris W. Cox FAIRFAX, Va. --(Ammoland.com)- ...

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Thread: Amendment to Louisiana’s state constitution - 2A Rights - to be Voted on Nov 6th

  1. #1
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    Amendment to Louisiana’s state constitution - 2A Rights - to be Voted on Nov 6th

    A Historic Opportunity For Louisiana Voters To Protect Their Gun Rights
    Posted on October 4, 2012 by Ammoland
    By: Chris W. Cox


    FAIRFAX, Va. --(Ammoland.com)- With just one vote on November 6th, you can build an iron wall around your Second Amendment freedoms and protect them from anti-gun, activist judges.

    That’s because on your ballot this year is an amendment to Louisiana’s state constitution that would provide the most rock-solid state-level legal protection for the right to keep and bear arms in the nation. The language of the amendment 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 key words here are “strict scrutiny.” This is a legal term that guarantees the highest level of protection to a constitutional right. It’s reserved exclusively for those rights that are deemed “fundamental” – like the right to free speech or the right to vote.

    For decades, anti-gun judges and lawyers have fought against the application of “strict scrutiny” to your fundamental Second Amendment rights. That’s because they know that without this gold standard of legal protection, gun-ban politicians are virtually unbound to pass any freedom-killing laws that infringe on your constitutional right to keep and bear arms.



    Read more at Ammoland.com: A Historic Opportunity For Louisiana Voters To Protect Their Gun Rights
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    VIP Member Array ccw9mm's Avatar
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    The key words here are “strict scrutiny.” This is a legal term that guarantees the highest level of protection to a constitutional right.
    Really? Or, is it possible to be circumvented and watered-down, in practice?

    Seems to me that without plain lingo specifying what "no infringement" means, it'll be little different than with the countrywide 2A "protections" in practice.

    I'd much prefer to see something like this: "The right of each citizen to keep and bear arms is fundamental and shall not be infringed in any manner whatsoever. No restrictions of any kind shall be allowed under any circumstances on the right of each citizen to own, carry, transport, purchase or sell any kind of firearm or ammunition." Or, something to that effect.
    tbrenke likes this.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

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    Quote Originally Posted by ccw9mm View Post
    Really? Or, is it possible to be circumvented and watered-down, in practice?

    Seems to me that without plain lingo specifying what "no infringement" means, it'll be little different than with the countrywide 2A "protections" in practice.

    I'd much prefer to see something like this: "The right of each citizen to keep and bear arms is fundamental and shall not be infringed in any manner whatsoever. No restrictions of any kind shall be allowed under any circumstances on the right of each citizen to own, carry, transport, purchase or sell any kind of firearm or ammunition." Or, something to that effect.
    So it would be fine for a methhead/schizo just released from serving 9 months for a high level misdemeanor to have unrestricted access?
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    I like PA.

    The Right Of The People To Keep & Bear Arms In Defense Of Themselves (and The State) Shall Not Be Questioned.

    Of course no matter how anything is worded the politicians will eventually figure out subtle ways to incrementally tamper with anything that does not fit their agenda.
    OldVet likes this.
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    VIP Member Array ccw9mm's Avatar
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    My point was, simply hinging everything on the "shall not infringe" lingo ain't good enough, if the 2A fight is any guide.
    QKShooter likes this.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

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    VIP Member Array zacii's Avatar
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    A restriction is an infringement.

    The way it's worded is an oxymoron, and it won't stop anything.



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    ccw9mm likes this.
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

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    Senior Member Array Phillep Harding's Avatar
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    Quote Originally Posted by Hopyard View Post
    So it would be fine for a methhead/schizo just released from serving 9 months for a high level misdemeanor to have unrestricted access?
    Yes.

    Sounds like a self correcting problem to me.

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    allowing convicted felons who committed murder, robbery, rape, child-molestation...to own handguns...is a bad idea.

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    "Strict Scrutiny" That depends on who's doing the scrutinizing?
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    Quote Originally Posted by Pythius View Post
    allowing convicted felons who committed murder, robbery, rape, child-molestation...to own handguns...is a bad idea.
    They aren't allowed now, but that doesn't stop them.

    Sent from my Galaxy S2
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

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    Ex Member Array Pythius's Avatar
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    Quote Originally Posted by zacii View Post
    They aren't allowed now, but that doesn't stop them.

    Sent from my Galaxy S2
    sure it does.

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    Quote Originally Posted by varob View Post
    "Strict Scrutiny" That depends on who's doing the scrutinizing?
    Yep, just like the "reasonable person" isn't you, the judge, or the lawyers but is the folks sitting on the jury. No one else matters when it comes down to it.
    ccw9mm likes this.
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    INAL, but I trust the interpretation, opinion, and support of the Louisiana Shooting Association on this, and what the Louisiana pro-gun attorneys say about it. Much of this is about those "very carefully needed words that can one day be very important"..........."lawyer talk". Due to court decisions, pro-gun people here see possible problems in the future and want to strengthen the language in favor of gun owners rights.

    I will be voting YES for this amendment, and I'm quite sure it will pass favorably by the voters.

    Below are three links that have a lot of good information explaining why this is needed, in fact much of it suggests how it could apply to other States Constitution.

    Good reading for any pro-gun person in any state.

    The Volokh Conspiracy » Louisiana amendment to strengthen right to arms, on November ballot

    Top Legal Blog Weighs in on "YES on 2"

    Louisiana ACT 874 is more GUN CONTROL..!! « Louisiana SB 303 (ACT 874)
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Senior Member Array Phillep Harding's Avatar
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    Quote Originally Posted by Pythius View Post
    sure it does.
    Bull. There would not be any recidivism if it worked.

    BTW, I was raised in the redneck, chickenthief, scofflaw, "cops are the enemy" culture. The same one that made moonshine, raised and sold pot, stole cars, makes and sells and uses meth. You have no idea at all how easy it is for a criminal to get nearly anything, incuding live hand grenades and machine guns (except they are called "assault rifles" these days) ("assault weapons" are the semi auto firearms). They are called "criminals" because they break the law, and they form an actual culture. Actually, they form several cultures, not just street gangs.

    Drug gangs move drugs into NYC by the ton, most of it from Mexico. Smuggling firearms into the US from Mexico is a minor challenge. Pass enough laws against guns and the profit margin will go up enough to make buying them from Red China by the 20 ton shipping container worthwhile. The sources exist, they only need to make the right connections:

    U.s. Foils Major Smuggling Operation - Chicago Tribune

    Heck, look at how many rockets the Palistinians smuggle into Palistine every year, and that's with both Egypt and Israel watching.

  15. #15
    Senior Member Array Phillep Harding's Avatar
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    Quote Originally Posted by ANGLICO View Post
    A Historic Opportunity For Louisiana Voters To Protect Their Gun Rights
    Posted on October 4, 2012 by Ammoland
    By: Chris W. Cox...
    "... and this time we really mean it."?

    Watch. The response will be: "For the purpose of this law, all firearms are rutabagas. All rutabagas made of metal are hereby banned."

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