redbull168
New member
So from what I have googled, the bill passed in nov(yea haven't been up on the news was playing GI Joe last year). And pretty much says this according to different sources. Act 874 ,would require strict scrutiny of any restrictions on the right to keep and bear arms. The legal standard would require courts, when asked, to determine whether the state’s gun laws demonstrate “a compelling governmental interest” and are “narrowly defined.” If not, they are to be thrown out as unconstitutional. I did some research on what "strict scrutiny" means for gov law, legal etc. And wiki seems to have summed it up the best without all the legal mumbo jumbo included.
U.S. courts apply the strict scrutiny standard in two contexts, when a fundamental constitutional right is infringed,[1] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the "liberty" or "due process" clause of the 14th Amendment, or when a government action applies to a "suspect classification" such as race or, sometimes, national origin.
To pass strict scrutiny, the law or policy must satisfy three tests:
A. It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections.
B. The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored.
C. The law or policy must be the least restrictive means for achieving that interest, that is, there cannot be a less restrictive way to effectively achieve the compelling government interest. The test will be met even if there is another method that is equally the least restrictive. Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, though the Court generally evaluates it separately.
Legal scholars, including judges and professors, often say that strict scrutiny is "strict in theory, fatal in fact," because popular perception is that most laws subjected to this standard are struck down. However, an empirical study of strict scrutiny decisions in the federal courts found that laws survive strict scrutiny more than 30% of the time. In one area of law, religious liberty, laws that burden religious liberty survived strict scrutiny review in nearly 60% of cases.[2]
The compelling state interest test is distinguishable from the rational basis test, which involves claims that do not involve a suspect class and involve a liberty interest rather than a fundamental right.
Now going by that without all the mumbo jumbo legal BS, couldnt one challenge the cc laws in louisiana by the following;
A.It must be justified by a compelling governmental interest.Current laws really are not justifiable due to , A. OC need have no training on firearms to carry, Do not have to pay for licensing, and by current laws, would still have to inform LEOs of carrying a weapon.
B.The law or policy must be narrowly tailored to achieve that goal or interest What is the compelling interest of this law? Safety... It is no safer making something licensed when a individual can OC(According to what I have read the firearm doesn't even have to be in full view, as long as its visible enough to distinguish what it is it is legal) so there is really no safety/security issue on that part. That and not requiring OCers to submit to training also flaws the training aspect of CC laws currently
C.The law or policy must be the least restrictive means for achieving that interest, that is, there cannot be a less restrictive way to effectively achieve the compelling government interestI can think of multiple less restricted ways, everyone legal age to carry, required to have certified pistol training. Yea sounds annoying, but to be honest there is no reason the law is how it is when a person can simply go to a store, buy a glock and walk around with it locked cocked and ready to rock while to keep it concealed,for cc you are required to register for a license, which is public record, and take a training course.
To me it seems fairly easy, why is there a law on the books strictly forbidding one to conceal their weapon and having to get a license and certified training when a individual can simply walk into a store, pass the background check and walk out and about with it. Seems a tad silly.
By the way I have lurked around on the boards for awhile, just never got around to posting much. Nice to meet yall and try not to give me to much flak, its 2 in the morning and i just got off work F*** Mardi Gras:banghead:
U.S. courts apply the strict scrutiny standard in two contexts, when a fundamental constitutional right is infringed,[1] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the "liberty" or "due process" clause of the 14th Amendment, or when a government action applies to a "suspect classification" such as race or, sometimes, national origin.
To pass strict scrutiny, the law or policy must satisfy three tests:
A. It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections.
B. The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored.
C. The law or policy must be the least restrictive means for achieving that interest, that is, there cannot be a less restrictive way to effectively achieve the compelling government interest. The test will be met even if there is another method that is equally the least restrictive. Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, though the Court generally evaluates it separately.
Legal scholars, including judges and professors, often say that strict scrutiny is "strict in theory, fatal in fact," because popular perception is that most laws subjected to this standard are struck down. However, an empirical study of strict scrutiny decisions in the federal courts found that laws survive strict scrutiny more than 30% of the time. In one area of law, religious liberty, laws that burden religious liberty survived strict scrutiny review in nearly 60% of cases.[2]
The compelling state interest test is distinguishable from the rational basis test, which involves claims that do not involve a suspect class and involve a liberty interest rather than a fundamental right.
Now going by that without all the mumbo jumbo legal BS, couldnt one challenge the cc laws in louisiana by the following;
A.It must be justified by a compelling governmental interest.Current laws really are not justifiable due to , A. OC need have no training on firearms to carry, Do not have to pay for licensing, and by current laws, would still have to inform LEOs of carrying a weapon.
B.The law or policy must be narrowly tailored to achieve that goal or interest What is the compelling interest of this law? Safety... It is no safer making something licensed when a individual can OC(According to what I have read the firearm doesn't even have to be in full view, as long as its visible enough to distinguish what it is it is legal) so there is really no safety/security issue on that part. That and not requiring OCers to submit to training also flaws the training aspect of CC laws currently
C.The law or policy must be the least restrictive means for achieving that interest, that is, there cannot be a less restrictive way to effectively achieve the compelling government interestI can think of multiple less restricted ways, everyone legal age to carry, required to have certified pistol training. Yea sounds annoying, but to be honest there is no reason the law is how it is when a person can simply go to a store, buy a glock and walk around with it locked cocked and ready to rock while to keep it concealed,for cc you are required to register for a license, which is public record, and take a training course.
To me it seems fairly easy, why is there a law on the books strictly forbidding one to conceal their weapon and having to get a license and certified training when a individual can simply walk into a store, pass the background check and walk out and about with it. Seems a tad silly.
By the way I have lurked around on the boards for awhile, just never got around to posting much. Nice to meet yall and try not to give me to much flak, its 2 in the morning and i just got off work F*** Mardi Gras:banghead:
