"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."
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Louisiana referendum to strengthen firearms rights
Moderators: carlson1, Charles L. Cotton
Louisiana referendum to strengthen firearms rights
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“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch
“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch
Re: Louisiana referendum to strengthen firearms rights
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
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Re: Louisiana referendum to strengthen firearms rights
Me too. In particular, that bit about "strict scrutiny" should be part of every law passed at the federal level.RoyGBiv wrote:Nice. I hope it passes.
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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Re: Louisiana referendum to strengthen firearms rights
Fixed it for you.Dave2 wrote:Me too. In particular, that bit about "strict scrutiny" should be part of every law passed at EVERY level.RoyGBiv wrote:Nice. I hope it passes.

"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