State v. Amos

343 So. 2d 166
CourtSupreme Court of Louisiana
DecidedFebruary 28, 1977
Docket58522, 58617, 58629
StatusPublished
Cited by50 cases

This text of 343 So. 2d 166 (State v. Amos) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Amos, 343 So. 2d 166 (La. 1977).

Opinion

343 So.2d 166 (1977)

STATE of Louisiana
v.
Shelly AMOS.
STATE of Louisiana
v.
Alonzo LANDRY.
STATE of Louisiana
v.
Jerry ROBINSON.

Nos. 58522, 58617, 58629.

Supreme Court of Louisiana.

February 28, 1977.

*167 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., John J. Messina, Patrick J. Fanning, New Orleans, Ivan L. Lemelle, Asst. Dist. Atty., for plaintiff-appellant.

Ronald J. Rakosky, Lyall G. Shiell, Jr., Dymond & Crull, New Orleans, for defendants-appellees.

MARCUS, Justice.

Shelly Amos, Alonzo Landry and Jerry Robinson were each charged by a separate bill of information with possession of a firearm after having previously been convicted of a felony in violation of La.R.S. 14:95.1. Prior to trial, defendants Robinson and Landry filed motions to quash alleging that the statute under which they were charged was unconstitutional in that it impermissibly infringed on their right to keep and bear arms guaranteed in the federal and state constitutions. The trial judge sustained these motions. After having been convicted of attempted possession of a firearm, defendant Amos filed a motion for a new trial and/or arrest of judgment on the same ground. The trial judge sustained the motion in arrest of judgment. From these adverse rulings of the trial judge, the state perfected appeals to this court in each case. La.Const. art. 5, § 5(D)(1) (1974). The three cases are consolidated here for review.

La.R.S. 14:95.1 provides in pertinent part:
A. It is unlawful for any person who has been convicted of first or second degree murder, manslaughter, aggravated battery, aggravated or simple rape, aggravated kidnapping, aggravated arson, aggravated or simple burglary, armed or simple robbery, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony or any crime defined as an attempt to commit one of the above enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which if committed in this state, would be one of the above enumerated crimes, to possess a firearm or carry a concealed weapon.
C. Except as otherwise specifically provided, this Section shall not apply to the following cases:
(1) The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.
(2) Upon completion of sentence, probation, parole, or suspension of sentence the convicted felon shall have the right to *168 apply to the sheriff of the parish in which he resides, or in the case of Orleans Parish the superintendent of police, for a permit to possess firearms. The felon shall be entitled to possess the firearm upon the issuing of the permit.
(3) The sheriff or superintendent of police, as the case may be, shall immediately notify the Department of Public Safety, in writing, of the issuance of each permit granted under this Section.
Added by Acts 1975, No. 492, § 2.

It should be noted at the outset that the right to keep and bear arms guaranteed by the second amendment to the federal constitution is not carried over into the fourteenth amendment so as to be applicable to the states. It operates as a limitation only upon the power of Congress and the national government. Miller v. Texas, 153 U.S. 535, 14 S.Ct. 874, 38 L.Ed. 812 (1894); Presser v. Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 (1886); United States v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588 (1875); 79 Am.Jur.2d Weapons § 4 (1975). Hence, the sole issue presented for our consideration is whether this statute improperly contravenes La.Const. art. 1, § 11 (1974) which provides that the "right of each citizen to bear arms shall not be abridged."

Defendants argue that, having completed state supervision for their previous felony convictions, they have been restored full rights of citizenship. La.Const. art. 1, § 20 (1974). With this proposition, we fully agree. We cannot accept, however, defendants' further contention that, since they are citizens, any act of the legislature limiting or regulating their right to keep and bear arms unconstitutionally contravenes the broad language of La.Const. art. 1, § 11 (1974).

The right to keep and bear arms, like other rights guaranteed by our state constitution, is not absolute. We have recognized that such rights may be regulated in order to protect the public health, safety, morals or general welfare so long as that regulation is a reasonable one. City of New Orleans v. Kiefer, 246 La. 305, 164 So.2d 336 (1964); City of Lafayette v. Justus, 245 La. 867, 161 So.2d 747 (1964). It is beyond question that the statute challenged in the instant case was passed in the interest of the public and as an exercise of the police power vested in the legislature. Its purpose is to limit the possession of firearms by persons who, by their past commission of certain specified serious felonies, have demonstrated a dangerous disregard for the law and present a potential threat of further or future criminal activity.

To be sure, La.R.S. 14:95.1 is addressed to persons who are citizens of this state by virtue of having terminated state and federal supervision following their convictions. La.Const. art. 1, § 20 (1974). These persons have, nonetheless, previously been convicted of serious criminal offenses; restoration of citizenship cannot erase this fact. The verbatim transcripts of the constitutional convention debates indicate that neither La.Const. art. 1, § 11 nor La.Const. art. 1, § 20 were ever intended to preclude the type of legislation disputed herein.[1] We are satisfied that it is reasonable for the legislature in the interest of public welfare and safety to regulate the possession of firearms for a limited period of time by citizens who have committed certain specified serious felonies. Courts of other states having statutes and constitutional provisions comparable to our own have similarly concluded that such regulation is constitutionally permissible as a reasonable and legitimate exercise of police power. People v. Blue, 544 P.2d 385 (Colo.1975); State v. Krantz,

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Bluebook (online)
343 So. 2d 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-amos-la-1977.