(Note: I did not address this missive to "Firearms Enthusiasts," "Hunters," "Strict Constitutionalists" or "Concerned Homeowners.")
Last election, gunmakers' lobbyists and others placed a proposed state constitutional amendment on the ballot which read
Proposed Amendment No. 2
Act No. 874 Senate Bill No. 303, Regular Session, 2012
Do you support an amendment to the Constitution of the State of Louisiana to provide that the right to keep and bear arms is a fundamental right and any restriction of that right requires the highest standard of review by a court? (Amends Article I, Section 11)
Any Real American Second Amendmenteer Obummer Fighting Patriot would automatically vote "yes" to such an amendment, right? I mean, the Founders! And Freedom, right?
Well, maybe not.
You see, under our state's laws, when a right is defined by our constitution as a "fundamental" right, it means that any law which could possibly abrogate that right can be challenged in any court, up to the state Supreme Court, and overturned.
Well, hell, dude, damn fuckin' straight! That's the kind of eternal vigilance that's gonna keep our asses out of the FEMA camps! Watch Schindler's List, pussylib!
Point of fact, I've seen it, friend. Great movie, if you cut out the scene with the girl in the red dress where Spielberg had to destroy his carefully constructed fourth wall to remind you of how brilliant a director he is.
But I digress.
You see, what you don't understand, and what you didn't understand when you enthusiastically voted "yes" to Proposed Amendment 2 last year, what a number of really profitable corporations were counting on you not understanding, is that the language "fundamental right" has specific meaning in our state.
Which is why, whatever his personal views, Orleans Parish Criminal District Court Judge Darryl Derbigny was forced to let go a fellow who'd been convicted of burglary who was later caught riding around with a couple of pals, a 40-cal handgun and an AK with a 30-round banana clip.
A little bit of detail for you:
Before Jan. 1, questions of gun rights were considered with "rational scrutiny," which allowed regulations to "protect the public health, safety, morals or general welfare." But strict scrutiny requires that the law is, first, necessary for a "compelling government interest." Then, it must be so narrowly defined as to serve only that interest and, third, be the least restrictive way of doing so.
The Orleans Parish public defenders office challenged the constitutionality of the statute on behalf of a half-dozen clients, all charged with being a felon in possession of a firearm. The attorneys concede that public safety is a compelling interest to bar violent offenders, like murderers or armed robbers, from possessing weapons. But the law also bars people convicted of a number of less obviously violent felonies from possessing guns.
It reads: "It is unlawful for any person who has been convicted of a crime of violence ... 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 ..., or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state..."
So, you see, your knee-jerk, dumbass, ill-informed, FOXsucking vote for Proposed Amendment 2 has made it more likely for burglarizing, drugstore-busting, bomb-making, drug-dealing sex offenders to drive down the block you claim to wish to protect with your weapons with serious-ass firepower of their own.
Just a heads up from a fellow firearms owner. Who fucking reads English.