Amendment two: Strict scrutiny review for gun laws

Leesville, La. -- The second amendment to be voted on the Nov. 6 general ballot is an amendment dealing with strict scrutiny for gun laws. The amendment states whether someone "supports 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?" The three levels of law review include rational basis, intermediate scrutiny and strict scrutiny, with rational baas being the lowest and most common standard, according to the Public Affairs Research Council of Louisiana (PAR). Strict scrutiny is reserved for cases about the validity of laws that may infringe on an individual's fundamental rights. Traditionally, Louisiana has been recognized as having some of the least restrictive gun laws in the state because it is an "open carry" state. Under strict scrutiny, a law must pass three tests in order to be considered valid. First, the government must first prove that it has a compelling interest that justifies the passage of the law; second, the law may not be overly broad in its reach; and third, the law must also be the least restrictive means of achieving the state's compelling interest. A vote for the amendment, according to PAR, would require that any laws restricting the right to keep and bear arms be subject to the highest level of judicial review, known as strict scrutiny. Voting for the amendment would also delete a line in the constitution that says the right to keep and bear arms shall not prevent the passage of laws to prohibit the carrying of concealed weapons. A "no" vote would retain the existing language in the constitution, which affirms that the right to keep and bear arms shall not be abridged but does to require strict scrutiny of arms laws and expressly allows the Legislature to regulate concealed weapons. Supporters of the amendment say that this amendment would give Louisiana the strongest protection of guns rights in the nation. In addition, the change would protect the Second Amendment rights of residents in the future. Those who oppose the amendment say that if passed, the amendment could lead to some laws used to help prosecute criminals could be overturned, and any of the statutes regarding the possession and carrying of guns could be affected.

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Amendment two: Strict scrutiny review for gun laws