When will Louisiana's new gun law go into effect?
- Thread starter ARshooter
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I assume every law regarding firearms had to be edited now. And I doubt if that's been done yet.
Existing laws will need to be challenged in court under the constitutional change. I would expect this process to take years.
Not true. Existing laws will be challenged by criminal defendants upon the amendment taking affect. Such is the nature of law. They may also be challenged by individuals who are aggrieved by the law. Note it must be an actual case or controversy and the individual must have standing to bring it (he must have been harmed by the law). A trial court or appellate court will make the decision on whether the law is constitutional under the new Article I, Section 11. If the law is ruled unconstitutional, the state has a direct appeal to the LA Supreme Court. If the law is upheld by the lower court(s), the individual would have to apply for supervisory writs to the Supreme Court and the Court can decide whether to accept the case or not.
By the way, If a majority of the electors voting on the proposed amendment approve it, the governor shall proclaim its adoption, and it shall become part of this constitution, effective twenty days after the proclamation, unless the amendment provides otherwise.
It is all in the constitution.
Dan
Pale Horse
one quarter civilized
So short version, someone has to be willing to get arrested, go to trial, lose, maybe go to jail, and pay a buttload of legal fees for as long as it takes to get the case through all the layers of courts and to the state Supreme Court for each challenge to a law?
Armnhammer
Well-Known Member
Carrying concealed without a permit is a misdemeanor, correct? Prob not go to jail?
Couldnt we just start a petition to change the law and present it to someone instead of actually going thru the whole process of carrying illegally, getting arrested and so on. If Arizona can do it i dont see why we cant get it done....
alpinehyperlite
Well-Known Member
First offense misdemeanor. second or subsequent feony.
http://www.legis.state.la.us/lss/lss.asp?doc=78739
http://www.legis.state.la.us/lss/lss.asp?doc=78739
What is it exactly do the above members that replied in this thread thinks has changed? I think I'm confused by the confusion!
To carry a concealed weapon, you still must attend the concealed weapons course, pass the test, pass the proficiency and safety test, file a permit application with the LSP complete with fingerprints to have a full background check done before the state issues a concealed weapon permit. Nothing in the concealed permit process and associated requirements have changed.
The change in the wording was to add "strict scrutiny" as the test by which gun laws will be judged constitutional or unconstitutional.
To carry a concealed weapon, you still must attend the concealed weapons course, pass the test, pass the proficiency and safety test, file a permit application with the LSP complete with fingerprints to have a full background check done before the state issues a concealed weapon permit. Nothing in the concealed permit process and associated requirements have changed.
The change in the wording was to add "strict scrutiny" as the test by which gun laws will be judged constitutional or unconstitutional.
There is someone that will do this as soon as it happens. I think the confusion alone about the amendment guarantees that this will be in the courts very soon. I also think that it will be found unconstitutional under strict scrutiny.
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carrying concealed without a permit.
Are you sure that the passage of Amendment 2 negates the Louisiana Law that states you must apply for a permit to carry concealed? I don't think so but perhaps I am wrong. I will make some inquiries tomorrow of someone that is an attorney and has a big interest in this. The way it was explained to me from someone that is knowledgeable about all laws regarding gun ownership did not indicate the concealed carry permits would be eliminated.
If I am wrong, I will come back and say so.
Losing the chl "requirement" to carry concealed within the state does not mean we lose the chl and the reciprocity it offers.
I don't think this will happen either way. It may hold up to strict scrutiny.
The laws I want to go away are the myriad of restrictions about where I am allowed to carry. I hope the whole bar/restaurant confusion goes away and law abiding chl holders can carry on college campuses and in all places open in the public.
I don't think this will happen either way. It may hold up to strict scrutiny.
The laws I want to go away are the myriad of restrictions about where I am allowed to carry. I hope the whole bar/restaurant confusion goes away and law abiding chl holders can carry on college campuses and in all places open in the public.
Under extreme circumstances, is it not possible to deem it not necessary for intrastate usage, and still issue it for interstate usage? I would certainly still pay for mine even if I didn't need it for walking around town and what not.
