Friday, May 09, 2014

Fundamental, Again

In November 2012, the voters in Louisiana made the possession of firearms a fundamental right, some of the strongest language in a state constitution.  As I've said before, it's going to take us a while to figure out just exactly what that means, and the courts are continuing to do that very thing.

This morning, Volokh reports that the LA Supreme Court has added another opinion to the mix, this time discussing whether or not the enhanced penalty for illegal possession of drugs with a firearm should be quashed.  The Supremes decided that the state had met the burden of strict scrutiny and that the statute will not be quashed.
To promote public safety by curtailing drug trafficking, the state of Louisiana has a compelling interest in enhancing the penalty for illegal drug possession when a person engages in that illegal conduct with the simultaneous while in possession of a firearm. Undeniably, the right to keep and bear a firearm is a fundamental right in Louisiana. However, when a person is engaged in the unlawful conduct of possessing illegal drugs, the person’s own unlawful actions have “qualified his right” to engage in what would otherwise be the exercise of that fundamental right.
Link to the full  .pdf opinion here, but that seems about right to me.

1 comment:

Old NFO said...

Sounds like they did the right thing for the right reasons...