Amendment #2 Passes!

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  • smadb5

    Member
    Rating - 100%
    1   0   0
    Jun 28, 2012
    5
    1
    Uptown NOLA
    My concealed carry permit is set to expire in a few months. Wonder if I should renew? Don't think I would want to be the guinea pig to test it but I also don't want to waste money on the pointless class and permit.

    Don't quote me on this but from my understanding this new amendment does nothing to effect the laws on concealed to carry. It changes the constitutional test placed on future gun laws, instead of a rational basis test all future laws will be subject to strict scrutiny. Strict scrutiny is the highest level in constitutional law so for the state to pass anything restricting gun rights in the future they would have to prove that their is a problem that needs fixing, and the law they are passing is aimed to fix that problem and that the law is the only possible way to fix the issue and that the issue is of such importance it grants the state the right to infringe on our constitutional rights. So essentially the amendment makes it so the state can never pass a law restricting our gun rights. Objectors of the bill have stated concerns that people will now challenge the laws already in affect such as the concealed to carry some even saying that it will make armed robberies crimes subject to being considered unconstitutional, from what ive heard and my understanding it will not change anything we currently have it will just stop things from ever getting stricter. And possibly change the age of acquiring a concealed carry permit to 18 or 20 only because i can see the argument they are adults under the Louisiana constitution and to deny blah blah they have the right. I'm a law student so im not pretending to know everything but from what ive learned from constitutional law and from what the professors have been spitting out thats about the gist

    -long story short i wouldnt test it
     
    Last edited:

    JadeRaven

    Oh Snap
    Rating - 100%
    60   0   0
    Sep 13, 2006
    4,249
    36
    Metairie
    Don't quote me on this but from my understanding this new amendment does nothing to effect the laws on concealed to carry. It changes the constitutional test placed on future gun laws, instead of a rational basis test all future laws will be subject to strict scrutiny. Strict scrutiny is the highest level in constitutional law so for the state to pass anything restricting gun rights in the future they would have to prove that their is a problem that needs fixing, and the law they are passing is aimed to fix that problem and that the law is the only possible way to fix the issue and that the issue is of such importance it grants the state the right to infringe on our constitutional rights. So essentially the amendment makes it so the state can never pass a law restricting our gun rights. Objectors of the bill have stated concerns that people will now challenge the laws already in affect such as the concealed to carry some even saying that it will make armed robberies crimes subject to being considered unconstitutional, from what ive heard and my understanding it will not change anything we currently have it will just stop things from ever getting stricter. And possibly change the age of acquiring a concealed carry permit to 18 or 20 only because i can see the argument they are adults under the Louisiana constitution and to deny blah blah they have the right. I'm a law student so im not pretending to know everything but from what ive learned from constitutional law and from what the professors have been spitting out thats about the gist

    -long story short i wouldnt test it

    Where does the law state only future restrictions?
     

    alpinehyperlite

    Well-Known Member
    Rating - 100%
    4   0   0
    Apr 27, 2011
    2,746
    38
    Baton Rouge
    Ok... im trying to figure out exactly what this passing is supposed to do. There are people saying anyone can carry concealed with no permit, there are people saying that it doesnt change anything currently, there are even people saying that suppressors and automatics are able to be owned with no paperwork. I know some of this is BS, but cant figure out what is truth or not.
     

    dzelenka

    D.R. 1827; HM; P100x3
    Rating - 100%
    6   0   0
    Mar 2, 2008
    4,013
    36
    Covington
    It changes no existing law.

    Existing and future laws are subject to legal challenge. If challenged, they will be reviewed under the strict scrutiny test. Only time will tell whether any existing laws will be held unconstitutional under strict scrutiny. Do not get your hopes up for having the concealed carry statute declared unconstitutional . Remember that LA is a shall issue state. Because of that the overall regulation may pass the test. Some components of the concealed carry statute hopefully will not. Campus carry being one of them.

    Dan
     
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