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Old October 5, 2012, 07:25 PM   #1
Seminole
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Louisiana Constitutional Amendment

According to this post by David Kopel on The Volokh Conspiracy legal blog, there is a referendum on a proposed amendment to the Louisiana Constitution on the ballot in November. From what Kopel says, it would significantly strengthen the state's recognition of RKBA, but he does link to a website opposing the amendment on the grounds that it would actually undercut RKBA. I'm interested in reactions pro or con to the amendment, especially from folks in Louisiana who may have been thinking about this issue for a while.
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Old October 5, 2012, 07:55 PM   #2
KyJim
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The judicial interpretations in Louisiana essentially neuter the state constitutional right to keep and bear arms. Any statute must have a rational basis but the courts almost always just rubber stamp the legislature's act. For example, you can make a rational argument that banning guns will cut down on crime. The argument is wrong but it is rational. So, I do think a constitutional amendment requiring strict scrutiny would be beneficial.

I live in Kentucky which had, for many years, a model constitutional protection:

Quote:
All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:. . .

Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons
Yet, a few years ago the Ky. Supreme Court said it would review gun laws using the rational basis test in a case that held a convicted felon had no right to own or possess a firearm. They did not have to use the rational basis test to reach that result but they did. I think this is the third time I've railed about that here on this forum but without a response so far. I guess Kentucky is not well represented on the forum. Maybe it just means people don't understand that the rational basis test destroys the constitutional right.
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Jim's Rules of Carry: 1. Any gun is better than no gun. 2. A gun that is reliable is better than a gun that is not. 3. A hole in the right place is better than a hole in the wrong place. 4. A bigger hole is a better hole.
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