Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB303 Engrossed / Bill

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Regular Session, 2012
SENATE BILL NO. 303
BY SENATORS RISER, ADLEY, AMEDEE, BUFFINGTON, CHABERT, CROWE,
ERDEY, GUILLORY, JOHNS, KOSTELKA, LAFLEUR, MORRI SH,
NEVERS, PEACOCK, PERRY, GARY SMITH, JOHN SMITH,
THOMPSON, WALSWORTH, WARD AND WHI	TE AND
REPRESENTATIVES ADAMS, ANDERS, ARMES, BERTHEL OT,
BROADWATER, HENRY BURNS, CHAMPAGNE, GAROFALO,
HAVARD, HENRY, HODGES, HOFFMANN, LEOPOLD, LIGI,
LORUSSO, MACK, MONTOUCET, PYLANT, SCHEXNAYDER,
SEABAUGH, TALBOT AND THOMPSON 
WEAPONS. Constitutional amendment to require that any denial, infringement, or
restriction on one's right to acquire, keep, possess, transport, carry, transfer, and use arms
for defense of life and property be subject to a strict scrutiny standard by courts in
determining any violation of the right. (2/3 -  CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article I, Section 11 of the Constitution of Louisiana, relative to one's2
right to acquire, keep, possess, transport, carry, transfer, and use arms; to provide3
that any denial or infringement or other restriction be subject to a strict scrutiny4
standard by courts in determining a violation of the right; and to specify an election5
for submission of the proposition to electors and provide a ballot proposition.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state, for8
their approval or rejection in the manner provided by law, a proposal to amend Article I,9
Section 11 of the Constitution of Louisiana, to read as follows:10
ยง11. Right to Acquire, Keep, Possess, Transport, Carry, Transfer, and Bear Use11
Arms 12
Section 11. The right of each citizen to acquire, keep and bear, possess,13
transport, carry, transfer, and use arms for defense of life and liberty, and for14
all other legitimate purposes is fundamental and shall not be abridged but this15
provision shall not prevent the passage of laws to prohibit the carrying of weapons16
concealed on the person denied or infringed, and any restriction on this right17 SB NO. 303
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shall be subject to strict scrutiny. 1
Section 2. Be it further resolved that this proposed amendment shall be submitted2
to the electors of the state of Louisiana at the statewide election to be held on November 6,3
2012.4
Section 3. Be it further resolved that on the official ballot to be used at said election5
there shall be printed a proposition, upon which the electors of the state shall be permitted6
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as7
follows:8
Do you support an amendment to the Constitution of the State of Louisiana9
to protect as fundamental the right of individuals to keep and bear arms?10
(Amends Article I, Section 11)11
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alan Miller.
DIGEST
Riser (SB 303)
Present constitution grants a right to each citizen to keep and bear arms and that this right
not be abridged. Present constitution further provides that this right does not prevent the
passage of laws to prohibit the carrying of weapons concealed on the person. 
Proposed constitutional amendment provides that the right of citizen to acquire, keep and
bear possess, transport, carry, transfer, and use arms for defense of life and liberty, and for
all other legitimate purposes is fundamental.  Proposed constitutional amendment further
provides that any denial, infringement, and restriction of this right be subject to a standard
of strict scrutiny by a court in determining its constitutionality.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 6, 2012.
(Amends Const. Art. I, Sec 11)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Clarifies proposed constitutional amendment by changing "restriction" to
"restriction of this right".
2. Changes language of proposed ballot proposition. SB NO. 303
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Coding: Words which are struck through are deletions from existing law;
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Senate Floor Amendments to engrossed bill.
1. Reinserts existing language "and bear".