'Beat Your Wife and Lose Your Gun': Defending Louisiana's Attempts to Disarm Domestic Abusers

46 Pages Posted: 7 May 2018 Last revised: 4 Sep 2018

Date Written: February 14, 2016

Abstract

Part I of this Comment outlines the scope of the epidemic of domestic violence nationally and in Louisiana, stressing the connection between the availability of firearms and domestic violence homicides. Part II examines federal and Louisiana bans on firearm possession by domestic violence misdemeanants and persons subject to a protective order. Part III explores the legal challenges that Louisiana’s laws will face in light of the state constitutional provision that mandates strict scrutiny for any restrictions on the right to bear arms. Specifically, this Comment argues that the laws should survive both facial and as-applied challenges because they are narrowly tailored to serve the compelling state interest of preventing domestic abuse from escalating to murder. Finally, the Comment briefly addresses effective implementation of the new laws so that they will protect the lives of domestic violence victims.

Keywords: Domestic Violence, Firearm Regulation, Second Amendment, Louisiana Constitutional Law

Suggested Citation

Murphree, Patrick, 'Beat Your Wife and Lose Your Gun': Defending Louisiana's Attempts to Disarm Domestic Abusers (February 14, 2016). Loyola Law Review, New Orleans, Vol. 61, No. 3, 2016. Available at SSRN: https://ssrn.com/abstract=3166446

Patrick Murphree (Contact Author)

Independent ( email )

No Address Available

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