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Old 09-14-2005, 12:56 PM
etgryphon etgryphon is offline
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Join Date: Mar 2004
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Default Re: NO gun confiscation

There is no provision for "Marshall Law" in the LA state constitution. However, there is a provision that in times of emergency that the cheif law enforcement officer has the ability to "regulate" the possession of firearms.

Now the question is whether "regulation" extends to "confiscation" of legally owned firearms. I would put forth that it does NOT cover the possession within the house at a BARE minimum. There will probably be a ton of suits out of this.

The 2nd Amendment can only be invoked as a part of the 14th Amendment and possible the Commerce Clause in this case.

The La. Constitution only states:

Section 11. The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.

So I think "regulation of possession" only extends to the possession of a "concealed firearm" in certain places.

-Gryph
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