Thanks to NRA, convicted felons CAN own guns - in LA

[Neo Art]

Posted by someone who cannot type.

He's imitating Dolan, best not give him more attention than he deserves.

I assumed he had a stroke. What the fuck is a dolan?

[Geilinor]

He's imitating Dolan, best not give him more attention than he deserves.

I assumed he had a stroke. What the fuck is a dolan?

It's only the latest meme. http://knowyourmeme.com/memes/dolan

[Greed and Death]

The problem with that is your still a felon, so why the state has restored your rights as far as it is concerned federal law preventing felon ownership of firearms would still be in effect.
Also the petition is a statutory construction of each state, and most of the ones I have read specifically exclude restoration of gun ownership rights.
Mr. Art is right, you would most likely need a pardon to regain your right to bear arms.

I understand. I was expanding the voting right (logically but erroneously) to ALL rights.

Well changing the law is a horse of a different color though. You could write a means by which felon's conviction in that state is vacated after completing his sentence and performing community service.

You have to be mindful of the federal definition of felon, which reads something along the lines of Anyone convicted of a crime for which the maximum sentence is greater than a year.

Which is essentially why you have to make it a legislative pardon, and vacate the conviction. This would have all sorts of negative consequences though things like bankers previously convicted of fraud able to apply for new bank jobs and say they have no prior convictions. Honestly the easiest way would be to change the federal law to allow for state restoration of rights rather than trying to dance around the federal definition.

[Chernoslavia]

READ!

I did read "NRA-backed amendment". Doesn't mean they're responsible for this ruling.

You said: ''It doesn't strike me as the NRA is involved in this.'' I thought you were just dog-piling on the NRA like the others here.

[Maurepas]

Meh, on the one hand it's a pretty tasteless move, and the NRA probably did it to try to increase gun sales.

On the other, I doubt it will have much of a real effect, it's not like if you want to commit a crime, even having already committed one, it would be hard to get a gun in New Orleans.

Fortunately in my experience, the criminals usually just want to commit crimes against each other, at least in so far as gang violence and the like is concerned.

[Fireye]

Meh, on the one hand it's a pretty tasteless move, and the NRA probably did it to try to increase gun sales.

On the other, I doubt it will have much of a real effect, it's not like if you want to commit a crime, even having already committed one, it would be hard to get a gun in New Orleans.

Fortunately in my experience, the criminals usually just want to commit crimes against each other, at least in so far as gang violence and the like is concerned.

It's nice to see the trend of not actually reading the article continue.

[Suicune]

Murderers, rapists, thieves, kidnappers, and thugs owning assault weapons legally. What can possibly go wrong? *sarcasm*

Oh im sorry, arent ''assault weapons'' banned in CA?

Its not like you can kill someone with a handgun, is it?

[Trollgaard]

Credit goes to Rachel Maddow for bringing this little tidbit to attention.

New Orleans judge rules statute forbidding felons from having firearms unconstitutional after 'fundamental right' amendment

This is not a thread about gun control. What it is about is just how indifferent the NRA is to reality in its dedication to pushing gun sales as high as possible. The Maddow segment on this incident was more detailed and if it ever gets posted online I'll probably edit a link to it, but it mentioned that not only Lousiana Governor Bobby Jindal claimed he had no idea that the amendment would allow felons to own guns after championing it, but a few other states have identical proposals being pushed. Still, the NRA is becoming less and less of a responsible mouthpiece for pro-gun arguments, yet it's allowed to continue being the largest and loudest.

Certain felons, after a certain period of good behavior after prison should certainly have the right to own guns again.

[AiliailiA]

Found a copy of the ruling if anyone is interested. The issue hinges on the law not being narrowly tailored.

http://www.volokh.com/wp-content/upload ... ughter.pdf

OK then. A 1975 law last amended in 2010 was struck down in its entirety as unconstitutional.

§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than seven and one-half years and fined not less than five hundred dollars nor more than two thousand five hundred dollars.

C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

Added by Acts 1975, No. 492, §2. Amended by Acts 1980, No. 279, §1; Acts 1985, No. 947, §1; Acts 1990, No. 328, §1; Acts 1992, No. 403, §1; Acts 1994, 3rd Ex. Sess., No. 28, §1; Acts 1995, No. 987, §1; Acts 2003, No. 674, §1; Acts 2009, No. 154, §1; Acts 2009, No. 160, §1; Acts 2010, No. 815, §1; Acts 2010, No. 942, §1.

http://www.legis.state.la.us/lss/lss.asp?doc=78740

... which prohibits a list of criminals (including burglars) from possessing weapons for ten years from the end of their parole.

This happened because the constitution was changed in December last year. 73% of voters supported Amendment 2 at ballot, which amended the Lousiana Constitution thus:

§11. Right to Keep and Bear Arms

Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.

Amended by Acts 2012, No. 874, §1, approved November 6, 2012, eff. December 10, 2012.

http://senate.legis.state.la.us/documents/constitution/Article1.htm#%C2%A711.%20Right%20to%20Keep%20and%20Bear%20Arms

And that's where the NRA comes into the story. They very strongly supported Amendment 2 last year.

[Distruzio]

Good. Heaven forbid we forget that felons are citizens of the nation, too.