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Thread: Draughter Opinion is out.

  1. #1
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    Draughter Opinion is out.

    The Louisiana Supreme Court published their opinion in the Draughter case a few days ago. Full text is here:
    http://www.lasc.org/opinions/2013/13KA0914.opn.pdf

    In summary, they applied strict scrutiny - which they clarified was quite different from the old standard - and found both a compelling interest in restricting people on probation and a narrow tailoring thereto, and declined to comment on anything further.

    So, the good news is that the Court isn't screwing around on strict scrutiny and will be applying it to even the laws already on the books, the bad news is that we didn't get what would've been an enormous protective pronouncement, and the old news is that people on probation don't really have "rights" as we're used to thinking of them. They can't associate with criminals (right of assembly, 1st Amendment), can't leave the state (Privileges and Immunities clause of the 14th Amendment), can't refuse searches (4th Amendment)...RKBA is hardly the first right accepting probation waives.

  2. #2
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    .....as applied to a convicted felon still under state supervision....

    The guy on probation does not have to accept the terms of his probation and may elect to stay in prison.

    Once out of prison and probation; they guy's rights should be full IMO ... able to do or possess whatever anyone else can.

    And the strict v intermediate scrutiny? Its a made up legal theory ... congress never passed any such laws...the courts need to stop making crap up ... I think they do this just to have an argument that should not exist.

    But, to the case before them, the guy's on probation and I think that they limited the ruling to this class of people.

  3. #3
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    That's what I was reading.

    Strict scrutiny is valid as applied to our state constitution's RKBA. It's in the constitution's text; our legislature passed it and our people approved it. No grounds to complain when the Court applies the analysis that the constitution told it to. That it's wholly a judicial creation with regard to the Second Amendment would be relevant in a case where someone had actually argued the Second Amendment - which Draughter's attorney did not. But strict scrutiny the Court was told to do, and strict scrutiny they did.

  4. #4
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    Quote Originally Posted by davidmcbeth View Post
    The guy on probation does not have to accept the terms of his probation and may elect to stay in prison.
    I don't remember who it was but I remember reading of a person who did exactly that. They wanted to ROR him (release on own recognizance) because his charge was petty and they needed the space. Before release they wanted him to sign a bunch of things saying he wouldn't possess firearms, do this, that, or the other thing, and would appear for his court date. He refused. He said once he left he was going to do as he pleased and never come back and if they didn't like that they just needed to keep him locked up until they were through with him. I can't remember how it ended, but the story was amusing.
    Last edited by BrianB; 12-19-2013 at 05:59 PM.
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  5. #5
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    Glad to hear it. Other than the instructions to obey all laws and show up at court dates, I'm disappointed that they aren't refused more often.

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