Louisiana referendum to strengthen firearms rights

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Rex B
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Louisiana referendum to strengthen firearms rights

Post by Rex B »

"If adopted, the referendum would make two direct changes:

"1. For the first time in Louisiana, concealed carry would be constitutionally protected. This makes sense, because in the 21st century (unlike in the 19th), concealed carry is most common way that Louisiana citizens exercise their right to carry handguns for lawful protection. Like most other states, Louisiana has a statutory system by which concealed carry permits are issued under fair and objective standards."

"2. The judicially-imposed “legitimate purposes” test (the weakest test) of judicial review would be replaced by the strongest test: strict scrutiny. Under “strict scrutiny,” the burden of proof is reversed; the government bears the burden of proving that a gun control law is constitutional. To pass strict scrutiny, a law must be proven to serve a “compelling state interest” (not merely a “legitimate purpose”). Even if the law does advance a compelling state interest, the law is constitutional only if the government additionally proves that the law is “narrowly tailored” and is the “least restrictive means” to advance the compelling state interest."

http://feedproxy.google.com/~r/volokh/m ... -6uuQGHCQ/" onclick="window.open(this.href);return false;
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RoyGBiv
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Re: Louisiana referendum to strengthen firearms rights

Post by RoyGBiv »

Nice. I hope it passes.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Dave2
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Re: Louisiana referendum to strengthen firearms rights

Post by Dave2 »

RoyGBiv wrote:Nice. I hope it passes.
Me too. In particular, that bit about "strict scrutiny" should be part of every law passed at the federal level.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
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Jaguar
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Re: Louisiana referendum to strengthen firearms rights

Post by Jaguar »

Dave2 wrote:
RoyGBiv wrote:Nice. I hope it passes.
Me too. In particular, that bit about "strict scrutiny" should be part of every law passed at EVERY level.
Fixed it for you. :thumbs2:
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison
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