Mike Perlstein / Eyewitness News
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One of the strictest gun crimes on the books in Louisiana was ruled invalid Thursday by a New Orleans criminal court judge in the wake of the state's powerful new 'right to bear arms' provisions.

District Court Judge Darryl Derbigny ruled that the law prohibiting felons from carrying firearms violated Louisiana new 'strict scrutiny' amendment to the state Constitution. The amendment, backed by heavy lobbying by the National Rifle Association, was adopted by a wide margin by voters last year and became effective Jan. 1.

Sure enough, the Orleans Parish District Attorney's office immediately appealed Derbigny's ruling, taking the case straight to the high court for a ruling.


Defense attorneys also lodged challenges to another widely used gun law the state's illegal possession of firearm statute. That law which basically prohibits possession of concealed gun without a permit has not yet been ruled on by a judge, but legal experts say it is also in jeopardy of being thrown out.


As a result of Derbigny's ruling, the charge against Draughter was thrown out. The DA's office has until Friday to decide whether to charge Draughter with a different gun crime.

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