Louisiana law floods courts with pro-gun cases

USATODAY

NEW ORLEANS – Pro-gun advocates cheered the passing of a statewide amendment in November that strengthened gun rights in Louisiana to some of the highest in the nation, claiming it locked in privileges for years to come.

The amendment – backed by the National Rifle Association and Gov. Bobby Jindal – makes gun ownership a "fundamental right," akin to freedom of speech or assembly, and calls for "strict scrutiny" of gun laws – the highest judicial review in the USA.

But critics say the amendment is part of a new national push by the powerful gun lobby to circumvent state legislative action and bolster gun rights through the courts. Armed with the new amendment, attorneys can now challenge the constitutionality of lesser laws – like concealed weapons statutes – making them more favorable to gun owners – including felons, said Laura Cutilletta, senior staff attorney at the San Francisco-based Law Center to Prevent Gun Violence.

Starting last year, lawmakers in seven other states – Minnesota, Missouri, Alabama, Iowa, Illinois, Oklahoma and South Dakota – have introduced near-identical bills to apply "strict scrutiny" to gun laws, a powerful designation that holds sway in courts, she said. So far, only Louisiana lawmakers have been able to bring the bill to a referendum. Voters on Nov. 6 approved the measure resoundingly, 73% to 27%, according to state records.

Louisiana has already seen a raft of recent cases involving the new amendment, including several that challenge whether felons can carry guns. The NRA didn't return several requests for comment.

"What they're doing is taking the decision out of the hands of the legislature," Cutilletta said. "They're pre-deciding that guns should be allowed in public places and that the ability to regulate firearms should be very, very limited – if at all."

Republican state Rep. Chris Broadwater, who co-sponsored the bill that led to the amendment, said the bill's intent was not to change gun laws but to ensure gun rights for all Louisianans. Recent U.S. Supreme Court decisions that only narrowly favored gun rights and the way police confiscated firearms from residents in the wake of Hurricane Katrina in 2005 led lawmakers to pass the amendment, he said.

"Our intent is not to create an unsafe environment," Broadwater said. "Our intent is to protect those citizens whose rights may be infringed upon without this amendment."

In Louisiana, one of the most notable cases using the amendment involves Glen Draughter, 20, of New Orleans, a felon convicted of simple burglary who was later caught riding in a car with a handgun in the backseat and an AK-47 with a 30-round clip in the trunk – a violation of state law. His lawyers brought the case to court, arguing that the new amendment gives him the same "fundamental right" to bear arms as anyone else, and his gun possession case should be dropped.

On March 21, an Orleans Parish judge ruled that, under the new amendment, the statute forbidding felons from possessing firearms is unconstitutional. The case is headed to the state Supreme Court.

"We're not trying to arm anyone," said Colin Reingold, an attorney with the Orleans Public Defenders Office who represents Draughter, among others. "We're just trying to make sure our clients are given the same protections under the Louisiana constitution as other citizens."

Even more worrisome than potentially arming felons are upcoming cases challenging the state's concealed carry statute, said Christopher Bowman, an assistant district attorney in New Orleans. Under current Louisiana law, gun owners need a permit to carry a concealed handgun, and the weapons are prohibited in certain places, such as schools, churches, courthouses and street parades.

That could change under the new amendment and prevent police from pre-empting crimes, Bowman said. For instance, a police officer spotting someone hiding a gun at a Mardi Gras parade can today arrest the suspect and confiscate the gun if he doesn't have a concealed weapons permit, he said. But if the statute is altered, the officer would have to wait until the person commits a crime to act.

"The threat to public safety is huge," Bowman said. "That will take away a very important tool for law enforcement to keep our streets safe."

The state Supreme Court is expected to uphold the law barring felons from owning guns, said Dan Zelenka, president of the Louisiana Shooting Association, which supports the amendment. But sections of the concealed weapons law that bar handguns from churches or schools will likely be struck down during upcoming legal challenges, said Zelenka, a New Orleans attorney.

Even though Louisiana already had some of the most favorable gun laws in the USA, the amendment guarantees future rights of firearms enthusiasts in Louisiana, he said.

"We cannot always guarantee the legislature will continue to be friendly or that the courts will be friendly or that the government will be friendly," Zelenka said. "This is kind of a plan for the future."