Real news

[sraacke]

Can a state/local LEO enforce federal law?

Only in Arizona. LOL! Just kidding.

 

[NRAMARINE]

Can a state/local LEO enforce federal law?

It is my understanding that for a state to be eligible for any federal funds they are required to enforce federal law, unless it is in direct contradiction to a pre existing ( pre- date) state law or state constitution.

 

[Summit_Ace]

With this law only excempting CCers from the law, what happened to equel protection?

 

[georg jetson]

With this law only excempting CCers from the law, what happened to equel protection?

This is not an "equal protection" issue here... unless someone is denied a permit for unlawful reasons.

 

[Summit_Ace]

This is not an "equal protection" issue here... unless someone is denied a permit for unlawful reasons.

I think the permit process in itselfe may be unlawful and in violation of the Louisana constitution, as the framers intended.

 

[georg jetson]

I think the permit process in itselfe may be unlawful and in violation of the Louisana constitution, as the framers intended.

Allrightythen...

 

[barf]

I think the permit process in itselfe may be unlawful and in violation of the Louisana constitution, as the framers intended.

Really?

§11. Right to Keep and Bear Arms
Section 11. The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.

 

[DannyAbear]

Yep, REALLY
Perhaps you should famillarise yourself with the 2nd ammendment of the US Constitution

 

[wrightme]

Yep, REALLY
Perhaps you should famillarise yourself with the 2nd ammendment of the US Constitution

That did not mean anything to the States until recently.....

Besides, his comment was quite obviously about the Louisiana State Constitution, not about the United States Constitution.

 

[georg jetson]

That did not mean anything to the States until recently.....

Besides, his comment was quite obviously about the Louisiana State Constitution, not about the United States Constitution.

And even more still... the issue of the permitting process has been litigated to death... it's called ADMINISTRATIVE law. If one wants to make an argument against the permitting process, particularly as it relates to the "equal protection" clause of the 14th amendment, they'd better be ready to write a book... at least.

Incidentally, whenever a legislative body decides it can regulate something (and in this case the La. Const gives authority), that regulation will be handed off to an administrative agency. In the case of CC in La., the agency charged with enforcement is the Department of Public Safety and Corrections. Ref: RS 40:1379.3.1. Since this agency is amenable to the La. APA via RS 49:992, one MIGHT begin their fight through the administrative process by then referring to RS 49:995. After all, the APA is there to ENSURE that the requirements of the 14ht amendment are met.

The bottom line is... if it's not a right, then a permit can be required.

 

[wrightme]

The bottom line is... if it's not a right, then a permit can be required.

More accurate to state: If legislation can be passed, a Right can be infringed......unless a successful challenge in court is made.

 

[DZelenka]

And even more still... the issue of the permitting process has been litigated to death... it's called ADMINISTRATIVE law. If one wants to make an argument against the permitting process, particularly as it relates to the "equal protection" clause of the 14th amendment, they'd better be ready to write a book... at least.

Incidentally, whenever a legislative body decides it can regulate something (and in this case the La. Const gives authority), that regulation will be handed off to an administrative agency. In the case of CC in La., the agency charged with enforcement is the Department of Public Safety and Corrections. Ref: RS 40:1379.3.1. Since this agency is amenable to the La. APA via RS 49:992, one MIGHT begin their fight through the administrative process by then referring to RS 49:995. After all, the APA is there to ENSURE that the requirements of the 14ht amendment are met.

The bottom line is... if it's not a right, then a permit can be required.

Also, if you do not go through the administrative process, you cannot bring a suit in Federal Court for a 14th Amendment violation. However, if you do go through the administrative process, then you lose your 14th Amendment claim because you have had "due process" before you lost your right or property. Isn't the law fun?

 

[georg jetson]

Also, if you do not go through the administrative process, you cannot bring a suit in Federal Court for a 14th Amendment violation. However, if you do go through the administrative process, then you lose your 14th Amendment claim because you have had "due process" before you lost your right or property. Isn't the law fun?

Well... true, the fed suit would be dismissed for failing to exhaust administrate remedies. However, the administrative law judge's decision in La. is appeal able to a district court (RS 49:964) and LA. appellant rules apply from there.