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.Sounds great, doesn't it? Except we've been having a big debate about what that means, and what is now illegal and what is not? According to Eugene Volokh, a state district judge gave us a possible answer this week.
Today, Louisiana Judge Darryl A. Derbigny, in State v. Draughter (La. Crim. Dist. Ct. Mar. 21, 2012), held that the Louisiana ban on felon possession of guns violates this provision.Go to the link for a complete analysis, but the Court's reasoning is that Louisiana's statute forbidding felons from owning guns is unconstitutional because it is overly broad and doesn't meet the test for strict scrutiny, which much preserve a compelling government interest before being upheld. I'm not a lawyer, but I know that Louisiana like other states, has felonies that don't require force, violence, or drugs.
I'm sure that the state will appeal, but when you make possession of a firearm a fundamental right, you've got to make sure that all your other ducks are in a row. Let Freedom Ring!