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Ban On Firearms In Churches Does Not Infringe Free Exercise Rights

By Howard M. Friedman

In GeorgiaCarry.Org, Inc. v. State of Georgia, (MD GA, Jan. 24, 2011), a Georgia federal district court upheld the constitutionality of a Georgia statute that prohibits the carrying of firearms in any place of worship. The suit was brought by a firearms group, a Baptist church and its pastor. Plaintiffs alleged that the restriction infringed their free exercise of religion. They argued that their ability to attend or conduct worship services was burdened by prohibiting them from carrying a firearm for self defense while doing so. The court rejected the argument, finding that the restriction did not amount to a substantial burden on plaintiffs' religious exercise, nor does it unconstitutionally infringe on the church's ability to manage its internal affairs. The court also rejected plaintiffs' Second Amendment challenge to the law. Finally the court held that the state of Georgia (as opposed to other officials named as defendants) enjoyed sovereign immunity against the claims asserted. The Atlanta Journal Constitution reports on the decision.  Links to the pleadings and other documents in the case are available form GeorgiaCarry's website.

Full post as published by Religion Clause on January 26, 2011 (boomark / email).