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Appeals court upholds Ga. ban on guns in church

ATLANTA (AP) -- A federal appeals court has upheld Georgia's law banning guns in churches and other places of worship.

The 11th U.S. Circuit Court of Appeals decision, published Friday, upholds a lower court's dismissal of a lawsuit challenging the law. The lawsuit was filed by a gun rights organization -- GeorgiaCarry.org -- and the Rev. Jonathan Wilkins of the Baptist Tabernacle of Thomaston. Wilkins had said he wanted to have a gun for protection while working in the church office.

The 11th Circuit rejected arguments that Georgia's ban violates the plaintiffs' First Amendment right to freedom of religion and Second Amendment right to bear arms.

John Monroe, a lawyer for Georgia Carry, said Monday the plaintiffs hadn't decided whether to appeal to the U.S. Supreme Court.

"We're looking at it," Monroe said of the 11th Circuit decision. "We respect the court's decision, but we were disappointed."

The lawsuit centered on a long-running fight between gun owners and state lawmakers over where firearms are allowed. Most gun rights advocates cheered when Georgia lawmakers lifted restrictions in 2010 that had long banned them from bringing their weapons into public gatherings.

But the Legislature left intact restrictions that banned guns from being carried into government buildings, courthouses, jails and prisons, state mental health facilities, nuclear plants and houses of worship. Lawmakers also restricted owners from bringing weapons into bars without permission from the owner.

Critics of the law argue that churches shouldn't be covered by the restrictions, which mostly apply to public buildings.

The 11th Circuit opinion, written by Circuit Judge Gerald Bard Tjoflat, addresses the Second Amendment arguments made by the plaintiffs.

"That Plaintiffs `would like' to carry a firearm in order to be able to act in `self-defense' is a personal preference, motivated by a secular purpose," Tjoflat writes, adding that there is no First Amendment protection for either personal preference or for secular beliefs.

The opinion then addresses the Second Amendment claims.

"We conclude that the Second Amendment does not give an individual a right to carry a firearm on a place of worship's premises against the owner's wishes because such right did not pre-exist the Amendment's adoption," the opinion says. "Enforcing the Carry Law against a license holder who carries a firearm on private property against the owner's instructions would therefore be constitutional."

Comments

Jackson 1 year, 8 months ago

"...the opinion says. Enforcing the Carry Law against a license holder who carries a firearm on private property against the owner's instructions would therefore be constitutional."

That was not the question at all in this matter. It seems the court either missed the point or intentionally ignored it. Private property owner's rights and directions are worth respecting. The question was about state law deciding that for them, instead of the property owner having a choice..

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