ELECTION DAY - VOTE FREEDOM FIRST - VOTE YES on 2!
On Tuesday, November 6, you have an opportunity to build an iron wall around your Second Amendment rights by voting YES on Louisiana Constitutional Amendment 2.
Louisiana’s current state provision is defective and leaves you unprotected against the whims of judges and politicians who think you shouldn’t have the right to own and use a firearm.
Now is the time to restore and fortify our gun rights. Protection of your first freedom can’t wait - do your part and stand with your fellow firearm owners and the NRA by choosing “YES on 2” this Election Day!
“The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke
1. Protection of oneself from harm or destruction.
2. The instinct for individual preservation; the innate desire to stay alive.
Watching and waiting - best wishes.
You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC
Old and treacherous will beat young and skilled every time. Yata hey.
I'm sure the NRA has a plan to get this done soon... I'm sure their intentions are not to stop here.
Here is the way the Public Affairs Research Council (PAR) explains it in their guide to the amendments.
For a better understanding go to http://www.nbc33tv.com/news/louisian...oters-what-you , Click on the video there and skip ahead to the 3 minute and 50 second mark. Watch that part of the video where the PAR spokesman explains the amendment and strict scrutiny. Also on that page you will find the link to the PAR guide. It's a PDF file attachment right at the bottom of the print article under the video. Click and download that PDF and go to the section on Amendment 2. They go in to great detail on what this Act was meant to do and what it won't do. I think that guide from PAR answers my questions much better than NRA80 has been able to in the past few months. I wish I had seen it much sooner than this last week of the election.The current wording in the Louisiana Constitution that allows the Legislature
to pass laws to restrict the carrying of concealed weapons could result in
a wholesale ban on concealed weapons anywhere in the state—including
inside one’s own home. Deleting that language would help ensure that in
the future the Legislature could not enact such a ban. However, the deletion
of that language does not mean the Legislature would lose its right to pass
concealed carry laws. For example, many other states do not have explicit
constitutional provisions about concealed gun laws and their legislators are
able to regulate concealed carry weapons. The proposed amendment does
not take away the authority of the Legislature to pass gun laws but subjects
those laws to greater scrutiny by the courts to ensure the protection of fundamental
Hope this helps.
Last edited by sraacke; 11-07-2012 at 08:49 AM.
The following is not legal advice. Seek an attorney and establish an attorney-client relationship if you wish to have legal advice.
Short answer: All statutes that were in effect prior to the passing of the amendment are still in effect now. If you do not continue to obey the laws, even if their constitutionality seems questionable, you are likely to face criminal prosecution.
The statutes are and will continue to be presumed constitutional (and thus valid grounds for prosecution) until and unless they are successfully challenged. That means a court fight which would follow either a motion to quash raised by a defendant charged with one of the statutes, or a declaratory judgment (civil matter) raised by anyone with standing. This amendment improved the victory conditions for that fight; it did not make it unnecessary, it did not win it instantly, and it did not make being charged with a crime fun.
We've had numerous people arrested over the years for what they believed was legal behavior; please be careful you do not join them.
Bottom line: nothing changes until it's changed by either the courts or the legislature.
Unless someone chooses to be a test case (a dangerous and expensive proposition), the challenges to the constitutionality of the existing ban on unlicensed concealed carry is probably going to arise from bad cases -- and bad cases result in bad case law.
Last edited by KBCraig; 11-07-2012 at 05:25 PM.
We should get our ducks in a row and formulate a strategy of what to challenge, where to challenge and how to challenge. The NRA has opened the door... perhaps they already have a strategy in mind.
I sent Henery Burns an e mail Heres the reply..Thank you so much for contacting our office. We too are very happy that this amendment passed with such a wide margin. We do not know about future concealed carry permits but will definitely be looking into the possibility of eliminating them in years to come. But as of now, we all have had to purchase them. I will make sure that Henry reads your message and I know he will be grateful for your kind words.
Have a blessed day,
State Rep. Henry Burns