Wednesday, May 30, 2012

Riser's Amendment

Louisiana is very gun friendly. We've got a long, rich cultural history of hunting, fishing, shooting and our laws reflect that rich culture. One of our state Senators, Neil Riser, has proposed an amendment to our state Constitution that would enshrine the right to keep and bear arms in Louisiana. The text of the proposed amendment is as follows:

 Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.

The amendment, under Louisiana law has passed the full legislature and has been approved by the Governor. It goes now to the people for passage during the November election.  This amendment is notable because it invokes the legal doctrine of strict scrutiny.  This is interesting because strict scrutiny requires a compelling government interest, narrowly tailored, with the least possible restriction before the law will pass constitutional muster.  It is the highest legal standard that a court can apply to protect freedom and prevent government intrusion.

Opponents of the bill say that this amendment will pave the way to nullifying many of the gun laws currently on the books, such as the ones that restrict carry on campuses, churches, and government buildings.  

I predict easy passage when the bill goes before the public.  Louisiana takes another step toward becoming a free state.

1 comment:

Termite said...

I want to know why the Louisiana Legislature thinks they have the authority to restrict CCW in churches. Would this not be state government interfering in church affairs?
Wouldn't allowing or forbidding CCW in a church fall under the authority of the pastor/priest/rabbi, and the elders/deacons?