Dec 13, 2013|
Louisiana Supreme Court ruled Monday against the felon, Glen Draughter, arguing he had a right to carry a firearm based on the amendment that strengthened gun rights. DA Cannazzaro was concerned that this amendment would force the opening" of all 80 of the state's gun laws to a constitutional challenge. " He was proven correct. Now a high court is going to have to sort through them and decide if any of them remain constitutional and if they need to be revised or omitted. Where does this lead and what are the implications for gun owners in Louisiana? We were joined by former U.S.Attorney, Chick Foret.
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Automatically Generated Transcript (may not be 100% accurate)
Now welcome back -- -- -- thank -- you -- from Garland Robinette on this Friday morning in we're talking about the a decision by Louisiana Supreme Court they basically reversed a decision by the Orleans parish criminal district court. Which. Tossed out a case against memos and -- draw auto who was on probation. Convicted felon. Caught with our homes they said that well because of the new. The strict scrutiny that is being applied to with respect to gun rights that he has the right to carry those. Well it was a sent to the Louisiana Supreme Court and they ruling they said no there's easily we easily find it to be. A compelling state interest for the State's limited infringement of even fundamental. Constitutional rights including the right to possess a firearm. Which job really is going to be the success or fail used the court's determination. On these case by case decisions when they are challenged in the court due to this new amendment. Joining us now is -- for me -- -- is very familiar with the law he's also. With the case if you I have a question or comment -- get some text in right now it's 260187. He. Great 66889087. He would also ask -- go to our web page at WW dot com. And answered this operating opinion poll question which have kind of been with hole into the -- Judy here. Mr. Canas -- explanation of of the law in what the implications on you might even one with a little further to you here with. -- to say but right now we're asking you as a gun owner. Are you concerned that some of the State's gun laws might be declared. Unconstitutional. Right now it's pretty evenly divided 58%. Saying yes 42% believing. That being said let's bring chick foray in a familiar voice here under the W Arabia tick you -- -- -- -- pretty good. I'm trying to figure out bill what do all these different laws are -- mean and what the courts are gonna do on this ruling that came down from Louisiana's Supreme Court. What is your take on this thing I mean how do you feel about that law that was passed that constitutional amendment. And now that was seeing that the Louisiana Supreme Court is saying knows no problem here. But his district and -- Errol pointed out yeah -- cases where someone still on probation. They're on role yet that's going to be an easy decision but we get into waiving this ten year period. That -- it'll bid hairy in the may be some people lets slip through the cracks and should not what do you think. Well let's look at on exactly how we got to where we yours in 2008. The United States Supreme Court and District of Columbia vs -- And it 2010. The United States Supreme Court and McDonnell vs city of Chicago. Rule that -- Second Amendment now while you two Mitch Trent but it's as a fundamental right to our scheme local water. Ordered liberty it's fully acceptable to the states so -- says that you do in fact have the right to bear arms. But it was a five to -- decision both of those in the United States Supreme Court. So -- -- -- legislature more particularly the governor in my opinion. Didn't like the slim majority so what he said was let's strengthen. The rights of gun owners. And what they did is they -- article wants sectional Lebanon which says. -- Which says exactly the law. The right of each citizen to keep and bear arms is on the metal and shall not be infringed. Any restriction of this right shall be subject to strict scrutiny of what strict scrutiny is. Is that the government has the show. That the regulations Serbs a compelling government governmental interest and that the regulations as narrowly Terrell tailored to serve back compelling it. So they always -- legislature governor Jindal concern that the United States Supreme Court. In the in the majority of five -- but that was only one vote there and India Faber. Strengthening dumb laws maintaining its Second Amendment Rights of the governors to wind let's do a constitutional. Amendment. -- strengthened on gun owner rights and Louisiana's so any law that goes before a judge is gonna have to be looked at. At which stretch community so that defense attorneys. The public defenders and others who represent convicted -- said oh really you -- -- them the right of Donald. Well we're gonna argued to the district court judge -- needed to -- abroad. That a convicted felon has the right. To possess a weapon and that the the statute prohibiting -- is unconstitutional. Just terribly granted the motion washed it went before the State's Supreme Court. This State Supreme Court in my opinion a very narrowly -- opinion. Said the cause this to draw auto was on probation. It was okay. For the government to limit his right to a done so let's go back the constitutional amendment that gentlemanly and the legislative path. Strengthen the rights of gun owners and I know Europe Europe -- honor and you're you're a proponent of the Second Amendment so it firmed up. That right second of the Second Amendment and of gun owners in the state of Louisiana. When you do that. Sometimes you have the byproduct and beat and the argument is made well that applies to all citizens not -- just to Don Dubuque. That applied to convicted felons. District attorney we on -- narrow win this legislation was introduced. And -- remember now. Leon I would the DA's office together back in the Japanese were in the same section of court. Leon has been an assistant DA he's been a criminal district court judge he's not a Court of Appeals judge. He knows it's practical application. When you strengthened Donald writes and what have. Happens as it relates to -- our laws on the books and not remember I'm sure you know that there are some eighty laws played golf laws on the books in the state of Louisiana. So when you inch can -- introduce. And you passed in 2012. The constitutional amendment. Strengthening the rights of gun owners there are certain consequences that flow for. And we -- went to the legislature in which the governor -- wait a minute if you do this we're gonna have a tax on all the laws including. Convicted felon in possession of a far. Sure enough. That the the district court judge it to land in broad. Throughout the statute instead it was unconstitutional. That the convicted felon felon had a right to possess a weapon. The Supreme Court in my opinion. Took a sidestep on this and all they ruled was that any convicted felon who. Still under probation. Anybody who was still under state supervision. You can infringe upon his serve our rights. So the question I have not been answered. I think -- that's correct when he says it's going to be on the case by case basis. And it's going to be years gone. Before this issue is is is made clear to exactly and writes wish front end and how much where they -- in my game. Well could the Supreme Court. I mean what would they be obligated to make a broader decision instead of keeping and now I think they were pretty much resigned to. Having to only make a ruling on this one particular case. Like you know. The the appellate procedures says that you look at the facts before you and that's what they did much criticized Supreme Court I'm just saying. In my legal opinion it's a very narrow. Decision as it relates to the constitutional amendment that was passed in 2012. Remember regular listeners or maybe just -- -- event. The constitutional amendment that was passed in 2012. Such trends and the rights of gun owners strengthened Second Amendment. Rights as interpreted by the United States Supreme Court the Republican governor Jim about the conservative legislature that we have. Decided we wanna make sure. That the United States Supreme Court does not infringe upon our Second Amendment Rights here in Louisiana so we're gonna say any law. That is passed that ranges -- Second Amendment Rights has to be looked at by the judiciary that is the spring orders they Louisiana. Which strict scrutiny you can't just Willy Nilly. Watered down my rights to have a weapon to gun ownership. So that pendulum -- Beat the defendants said okay well and that they convicted felon in possession -- why are raw meat that's statute unconstitutional. Because under the new constitutional amendment my high rights as a citizen push for instance my rights as McConnell. Judge Kenneth -- oracle and judge because he was the fact that judges do different courts. Now the DA who has the practical experience went to the legislature has said no please don't pass this law because when you strengthen the rights of gun owners. You're gonna strengthen the rights of illegal gun owners until we you know -- presently. The Supreme Court Tibet issue and very narrow decisions said no as long as you still understates supervision. Then you can you you'll the strict scrutiny. Need to be maintained that you cannot you cannot possess a weapon debate the debate questions -- is -- someone was convicted of a crime of violence he served his or her five years in jail it's three years later after the prodigy other got a AK 47 in the backseat. And does the law -- -- -- that's the question hasn't been decided and I think they're certainly arguments -- -- Well is gonna be a lot of challenges to come in the way that the court ruled -- -- undetermined future. Of the success or failure or -- visitation of that amendment -- if you could maybe you can help out some listeners here. In some text in one wants to nowhere can they read the gun law. A particularly that part of the ten year cleansing -- what what statue would that be listed under -- -- reference Louisiana's gun law. Well I switched but to take Google as an amazing thing and I did all Bobby Allison and your producer probably less than -- -- -- -- -- -- went through Google. But I would just I would just searched Louisiana gun laws and there are a lot summaries a lot of things that'll come up that pop up it's pretty easy to find really. And it probably could put in there about the ten year cleansing period after the put in Louisiana gun laws -- -- that isn't probably would take you right there. I'm with you on the Gould that this eliminates a lot of time flip the pages. We got another comment and I think he's very interesting it says I heard the rumor that this law would let law abiding citizens. To concealed carry with out of permit is that true. On the surface of that question you say -- absolutely not but about that. If somebody is caught carrying a concealed weapon -- law abiding citizen they've got no record they would have qualified under the permit -- criteria. And they they go to court and and say you know this is a violation of my gun rights should have this and you need to look at it. Because is no reason why shouldn't be able to carry guns that could that possibly be. A challenge that could pop -- open is probably no limit on how many challenges could come -- to these -- laws. Question -- remembered now conceptually we're or we where are we in our discussions. The constitutional. Amendment that was passed was passed by conservative legislators in the conservative governor took fortify. The Second Amendment right to give citizens of the state although we you know edit rights -- comes to possessing weapons. On one end of the spectrum as a convicted -- I would respectfully suggest -- you and your listeners on the other end of the spectrum. All the people who carry concealed weapons let's -- a guy goes to the bank as part of his business I think that is the wrong argument. That there does not need to be any permits to carry a weapon. Under the new constitutional amendment in 2012. I don't mean. My rights have bench Trenton. Your rights have been strengthened I don't need -- -- I think you're gonna -- on the opposite end of the spectrum. A challenge to the -- to be concealed weapons permits I think there's a strong argument. At that ball is gonna be unconstitutional. And that we're gonna have the while while. You know I think that that may mean more people will be carrying weapons and barrel many folks and you maybe want him gone. That -- that's a good thing. There will be many more people carrying weapons as a result of this constitutional amendments. Then then the law that predated the constitutional amendment 2012 in market. Well there are some states that do that they basically have a open laws on gun carried in and out of Seattle. That's that's what this constitutional amendment attempted to do is certainly as it is the -- product and I. Was one with. -- attorney Kenneth arrow is stating that I bought that was true sprawl. That still going to be some consequences of that like that carried the concealed weapon by convict developed possession. Of a weapon by convicted felon that we're gonna be a byproduct of this and we will see at least on were correct. When the Supreme Court is the issue of a convicted felon who were not on probation at the time he was arrested for what it felt. Well it's it's sure to come in no doubt about it Louisiana supreme court's going to be a busy place that'll keep you guys working for a long long time. Well I -- I'm not really it would work anymore law go to BP work and we need to get bit -- auto lifted. For the BP claim we get some of these businesses throughout the Gulf Coast states so now we've. How many do show on update that too with the latest is we have not been talking about that much that we need to -- -- all right Jake thanks appreciate you coming out of court and I -- foray legal go to guy we'll be right back after this time out to listening to. The think tank come down to be Good Friday morning from the big 87 WW.