Up in Smoke: An Update on Louisiana’s Right to Bear Arms

by K. Connor Long

This past fall, Louisiana residents voted to amend the State’s constitutional right to bear arms. As a result of the amendment, article 1, section 11 of the Louisiana Constitution now reads: “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.”1 This strict scrutiny judicial review mandate makes Louisiana’s right to bears arms the strongest in the entire country2 and is an immediate threat to any existing and future firearm legislation.3 As many legal scholars and practitioners expected, the passage of this amendment has given rise to a litany of constitutional challenges to existing Louisiana firearm regulations.4 Indeed, the Louisiana Supreme Court has already adjudicated some of these cases; however, so far the firearm regulations have stood their ground against strict scrutiny review and survived these challenges.

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Law Review Symposium 2013 Videos

Law Review Symposium – 3/22/2013 – Part 1 – Opening Remarks and Introduction to Multidistrict Litigation
Remarks: Chancellor Jack Weiss and Professor Margaret Thomas
Moderator: Professor Margaret Thomas
The Honorable Eldon Fallon
The Honorable Kurt D. Englehardt
The Honorable Stanwood Duval

Law Review Symposium – 3/22/2013 – Part 2 – Selection of Lead Counsel
Moderator: The Honorable Lee Rosenthal
The Honorable Stanwood Duval
The Honorable Kurt D. Englehardt
Elizabeth Cabraser
Professor Francis McGovern

Law Review Symposium – 3/22/2013 – Part 3 – Settlements and Attorney’s Fees
Moderator: Professor Francis McGovern
Elizabeth Cabraser
Calvin Fayard
Patrick Juneau
Professor Samuel Issacharoff
Teddy Rave

Law Review Symposium – 3/22/2013 – Part 4 – Compensating the Victims After the Deepwater Horizon Disaster
Professor Samuel Issacharoff
Teddy Rave

Law Review Symposium – 3/22/2013 – Part 5 – Reporting Time and Expense
Moderator: Professor Francis McGovern
Leonard Davis
Phillip Garrett

Law Review Symposium – 3/22/2013 – Part 6 – Common Benefit Fund and Closing Remarks
Moderator: Professor Francis McGovern
The Honorable Eldon Fallon
Jeremy Grabill
Allan Kanner

Volume 75 Publication Decisions

The Louisiana Law Review is pleased to announce the students who have received offers for publication in Volume 75 of the Review. Please join us in congratulating each of these authors for their hard work and outstanding contribution to academic writing:

(1) Benjamin Aguiñaga, Confronting Confrontation in a FaceTime Generation: A Substantial Public Policy Standard to Determine the Constitutionality of Two-Way Live Video Testimony in Criminal Trials;

(2) Alexander Baynham, The Intersection Between Successions and Mineral Code Article 190: Quantum Resources v. Pirate Lake Oil;

(3) Drew Burnham, Difficulties with Sharing: A Proposal to Define the Voluntary Unit and Protect the Rights of Surface Co-Owners and Mineral Servitude Holders in Louisiana;

(4) Mallory Chatelain, Same-Sex Marriages Are Not Created Equal: United States v. Windsor and its Legal Aftermath in Louisiana;

(5) Molly Csaki, Don’t Cry Over Spilled Wine: Recovering Damages for Nonpecuniary Loss under Louisiana Civil Code Article 1998;

(6) Heath DeJean, When Words Alone Are Not Enough: Fair and Effective Targeting in Tax Exemption;

(7) Jacob Ecker, Break Point: Adapting Louisiana Employment Noncompete Law to the Information Age;

(8) Carson Haddow, The Servitude of Drain: A Critical Survey;

(9) George Holmes, Testamentary Formalism in Louisiana: Excusing the Lack of Will Formalities Through the Succession of Guezeraga Approach;

(10) Ben Jumonville, Sharp Curves Ahead: Analyzing Formal Dedication in Light of Webb v. Franks Investment Co.;

(11) Allison Kingsmill, Of Butchers, Bakers, and Casket Makers: St. Joseph Abbey v. Castille;

(12) Michael Lambert, A Gunman’s Paradise: How Louisiana Unconstitutionally Targets the First Amendment in Favor of Gun Owner Privacy and Why Other States Must Avoid the Same Misfire;

(13) Julia Love, State v. Louisiana Land & Exploration Co.: Why Louisiana Revised Statutes Section 30:29 Should Be Revised to Explicitly Permit Excess Damages;

(14) Caleb Madere, Covert Capture: Hydraulic Fracturing and Subsurface Trespass in Louisiana;

(15) Cornelius J. Murray, Inviting Integration: A Modified Approach to Disparate Impact Under the FHA; and

(16) Chris Ulfers, The Best Interests of Marriage: Why Flexibility is Necessary to Restore the Popularity of Marriage in Louisiana.

Volume 75 Board of Editors Announced

The Volume 74 Board of Editors of the Louisiana Law Review is pleased to announce and congratulate the following Junior Associates who have been selected as the Board of Editors for Volume 75 (2014-2015):

Editor in Chief:
Christopher Ulfers
Managing Editor:
Molly Csaki
Executive Senior Editor:
Jacob Ecker
Articles Editors:
C.J. Murray and George Holmes
Production Editors:
Ben Aguiñaga and Heath DeJean
Senior Editors:
Ryan Boutet
Caleb Madere
Haley Gaines
Stephen Collura
Alex Baynham