Constitutionality Of LA Concealed Carry Law

[posse comatosis]

Is Louisiana's concealed carry law unconstitutional?

Just looking for input for a possible challenge to the state requirement for a permit in order to carry concealed.

As the fees and paperwork prerequisite to obtaining a Louisiana concealed carry permit are overly burdensome, perhaps they could be successfully challenged in lieu of a complete upset of the licensing requirement.

 

[LouisianaCarry]

IMO, at best we could argue specific licensing requirements. The LA Const. specifically allows for regulation of ccw.

 

[mcinfantry]

i dont see how you could say they are burdensome, when the gun itself costs more.... if you cant pay the fees, probably cant afford the gun, is the counter arguement

 

[posse comatosis]

This topic is probably best looked at in light of the Second Amendment to the U.S. Constitution, which appears well on it's way to incorporation under the Fourteenth Amendment. What the Louisiana Constitution says may soon be irrelevant. Unfortunately, there is some language in the Heller decision which is supportive of the licensing of concealed carry.

 

[LouisianaCarry]

I doubt they would find any of it to be unduly burdensome, since people are able to get them commonly now.

I think our permit process is unnecessarily burdensome, especially compared to other States, but I think our best bet is to rectify that legislatively rather than judicially.

 

[posse comatosis]

One tenant of the strict scrutiny of handgun restrictions resulting from Heller is that regulatory schemes must be made available at cost. The State of Texas makes a small fortune off it's CCW program. LA can't be far behind. Maybe under Governor Jindal the Legislature might be prone to modify the requirements for Louisiana concealed carry permits. Disclosure of an arrest that did not result in a conviction is the first one to eliminate.