Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Defend Your Right to Keep and Bear Arms in Louisiana–Vote “YES” on 2!

Tuesday, September 18, 2012

          Proposed improvements to Article 1, Section 11 of the Louisiana Constitution, known as the Right to Keep and Bear Arms Amendment, would amend the Louisiana Constitution to state: “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.”   If Amendment 2 is accepted by the voters on November 6, Louisiana will have the strongest guarantee of the Right to Keep and Bear Arms in the nation.

            The proposed amendment is needed now to restore our gun rights because Louisiana’s current state guarantee is defective.  The present Louisiana Constitution says that the right to bear arms shall not be “abridged,” except that “this provision shall not prevent the passage of laws to prohibit” carrying a concealed weapon.  This wording is so faulty that it leaves open the possibility of regulation by the state of carrying concealed even in one’s own home.  Further, the Louisiana Supreme Court has said that the right may be restricted if a majority in the legislature thinks it “reasonable” to do so.  When it comes to rights, the standard for restrictions must be higher.

           This proposed amendment reinforces Second Amendment rights, which the U.S. Supreme Court affirmed (in McDonald v. Chicago) are “fundamental.”  Restrictions on fundamental rights (e.g. right to free speech) are normally subject to what the courts call “strict scrutiny” – a standard that ensures the strongest possible protection for the right.  In short, gun laws should focus on safeguarding a right and punishing criminals, not law-abiding citizens.

            The U.S. Supreme Court ruled in favor of our Second Amendment Rights by a narrow 5 to 4 margin.  The four dissenting Justices claimed that individuals have no Second Amendment rights and that the government has the authority to ban guns – just as D.C. and Chicago had.  The narrow margin by which our fundamental right was affirmed highlights the precarious situation that could be faced in the future if strong action is not taken now.  If just one of the five Supreme Court Justices resigns or dies, the vote could go the other way.  Further, courts nationwide have been trying to nullify the rulings, saying that Second Amendment rights are not fundamental, and that even if they are, restrictions are not subject to strict scrutiny, but instead are subject only to “intermediate scrutiny” or other tests where the right is “balanced” away.  As a fully recognized fundamental right, the Second Amendment should receive protection as such.

             Gun bans and harassment of gun owners routinely occur in places like New York City, New Jersey, and California.  Do not think it can’t happen here.  Remember in the wake of Hurricane Katrina when the New Orleans police declared that “no one will able to be armed, we will take all weapons” and launched an effort to confiscate guns from citizens in their own homes and businesses, leaving them at the mercy of criminals and looters?  Despite a lawsuit, most victims never got their guns back.  Nothing like that should ever happen again in Louisiana.

             This proposed amendment will protect future generations from any legislative power grabs and rubber stamping by future courts that would erode and undermine our rights.  Its language is historic, and it will send a message nationwide that Louisiana stands in the forefront of states that will not tolerate infringements on our fundamental right to keep and bear arms.

 

Frequently Asked Questions

What is strict scrutiny? 

  • Strict scrutiny is the highest level of protection for a constitutional right. 
  • This level of protection is reserved for rights that are deemed “fundamental” (e.g. free speech and right to vote).
  • For decades, anti-gun judges and lawyers have fought tirelessly against application of “strict scrutiny” to our fundamental Second Amendment rights. 

 Why is strict scrutiny used as the level of review?

  • Louisiana’s current right to keep and bear arms provision is deemed to only deserve a “rational basis” or lowest standard of review – virtually any rights-infringing law can pass this level of review. 
  • Because the proposed amendment will protect a fundamental right and will expressly acknowledge the right as “fundamental,” it naturally follows that the protected right requires the highest level of protection.

 

Why is Louisiana’s current right to keep and bear arms amendment inadequate? 

  • Because the Louisiana courts have determined that the current right to arms provision deserves the lowest level of review, the provision provides less protection than the Second Amendment itself, rendering Louisiana's constitutional provision meaningless under Heller and McDonald
  • According to the Louisiana Supreme Court, "The State of Louisiana is entitled to restrict that right for legitimate state purposes, such as public health and safety. "State v. Blanchard, 776 So.2d 1165, 1168 (La. 2001). 
  • Almost any restriction is upheld by the courts under the “rational basis” standard.  
  • The Louisiana Constitution also expressly allows a future legislature to impose a ban on the carrying of weapons concealed on the person – even in one’s home or on one’s own property.

 

Will this protect Louisianans Right to Keep and Bear Arms?

 

  • Yes.  Louisiana is on the verge of passing a historic level of protection for the right to keep and bear arms. 
  • Ironically, the effort is now being opposed by a misinformed few who mistakenly believe the proposed amendment allows for more, not less, gun control.  
  • Make no mistake, the amendment would not only strengthen Louisiana’s current constitutional right to arms, it would provide the strongest protection of the right to keep and bear arms of any jurisdiction in the United States. 
  • Simply put, it is the highest standard of constitutional review available in the United States.  Those who believe in the strongest possible protection for the right to arms should enthusiastically vote “Yes” in November.

 

 How to Get Involved

1. Visit our "YES on 2" website at www.nraila.org/YESon2 for more information.

2. Become a "Fan" or “Like" "Vote YES on 2" (www.facebook.com/voteyeson2) on Facebook and encourage all your friends to do the same.

3.) Show your support by displaying a bumper sticker or yard sign.  Please contact us at: [email protected] or 1-800-392-VOTE (8683) to get your bumper stickers and yard signs TODAY!!

4.) Write a letter to the editor for your local daily or weekly newspaper.

5.) Contact us for bumper stickers, yard signs, or brochures for your local community, gun shop, shooting range, hunting club, hunting store, or gun show.

6. Please encourage your friends, family, fellow gun owners, and hunters to join you in voting "YES on 2" on Tuesday, November 6, 2012.

7. Contact NRA-ILA Grassroots to find out more ways to become involved! You can also call us at 1-800-392-VOTE (8683) 

TRENDING NOW
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

Grassroots Spotlight: Michigan Grassroots

Take Action  

Tuesday, March 19, 2024

Grassroots Spotlight: Michigan Grassroots

It's been a busy start to the year in the Wolverine State, as the Michigan NRA-ILA Grassroots Team has been out alerting and educating members and supporters on the critical changes in gun laws and working to stop ...

Kentucky: Credit Card Data Privacy Bill Passed Into Law

Tuesday, March 26, 2024

Kentucky: Credit Card Data Privacy Bill Passed Into Law

Today, Governor Andy Beshear let HB 357, the Merchant Category Code ban legislation pass into law without his signature. Your NRA would like to thank Representatives Derek Lewis (R, H-90), Michael Meredith (R, H-19), and Senator ...

Louisiana: Firearms Bills on the Move - Take Action Now!

Monday, March 25, 2024

Louisiana: Firearms Bills on the Move - Take Action Now!

A number of firearm-related bills, including enhanced preemption, are moving in the Louisiana Legislature. It's critical that NRA members and Second Amendment supporters get involved to keep the momentum going!

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.