Minister Sues Georgia Over Gun Ban In Church

This is a discussion on Minister Sues Georgia Over Gun Ban In Church within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Georgia minister sues to take guns to church | ajc.com A Thomaston minister and a gun rights advocacy group is filing lawsuit challenging Georgia’s prohibition ...

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Thread: Minister Sues Georgia Over Gun Ban In Church

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    Minister Sues Georgia Over Gun Ban In Church

    Georgia minister sues to take guns to church | ajc.com

    A Thomaston minister and a gun rights advocacy group is filing lawsuit challenging Georgia’s prohibition against guns in church, a move that was predicted after the U.S. Supreme Court ruled last month the Second Amendment's guarantee of an individual right to bear arms applied to state and local gun control laws.

    “They had indicated they would do that,” Alice Johnson, executive director of Georgians for Gun Safety, a group that supports more restrictions on weapons, said of the suit which is to be filed in Upson County.

    The suit, mailed Friday to the Superior Court in Upson County, is brought by GeorgiaCarry.org; the Baptist Tabernacle of Thomaston; Ed Stone, the president of GeorgiaCarry.org and the Rev. Jonathan Wilkins. The suit lists Upson County and the state as defendants.

    Those for less as well as more restrictions on guns had said last month places of worship would be the next battle over where permitted gun owners can take their weapons. Georgia law was changed this year to remove the prohibitions of guns at “public gatherings” but it banned firearms in certain places – places of worship, government buildings, schools, nuclear power plants and bars without the owner’s permission.

    “The handgun is the quintessential self-defense weapon in the United States,” the suit said.

    The suit said Georgia law says people with permits to carry firearms "are not prohibited from carrying firearms throughout the state except for certain places.”

    The suit cites the First Amendment freedom of religion and the Second Amendment right to bear arms as grounds for bringing the case.

    According to the suit, Ed Stone, president of GeorgiaCarry.org, and others want to be able to arm themselves while worshiping “for the protection of their families and themselves" without fear of arrest and prosecution.

    The suit also said Wilkins often works long hours alone at the Baptist Tabernacle and needs to be able to protect himself and during services " for the protection of his flock, his family, and himself, but he is in fear of arrest and prosecution under the carry ban for doing so. The Tabernacle would like to have members armed for the protection of its members attending worship services and other events at the Tabernacle's place of worship.”

    The Supreme Court’s 5-to-4 decision on June 28 said the Second Amendment guaranteed a person the right to have a gun in the home for protection but the justices left open to state and local governments as to where the lines could be drawn beyond the home.

    The experts and advocates on both sides of the debate said many court cases would be filed to find those lines.

    “I think that the test that the Supreme Court has set out is where is it reasonable to allow firearms and where is it reasonable to restrict them,” said Johnson. “This is one more action … to test that. We’ll see what the courts decide. It continues to draw attention from the general public to those very questions: What is reasonable where firearms don’t belong?”

    Johnson said research by Georgians for Gun Safety had found “the citizens of Georgia do not believe that guns should be in church.”

    John Monroe, the attorney for GeorgiqCarry.org, said this suit was stronger than other cases the group had brought because it also has the First Amendment component.

    “The question is why do you want to disarm people in church?” Monroe said. “Things happen in church…. What we really want is the state not to say what can happen in church.”



    We have the same issue here in Mississippi. Hope he is successful and that MS wakes up too.
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    VIP Member Array Hiram25's Avatar
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    Churches are not included in the list of "no carry" locations in Delaware.
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    I hope that he is successful. There have been many incidents of church shootings around the nation...people need to be able to defend themselves.
    FL has no restriction on church carry...not even mentioned.
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    I'm sure we'll be seeing a lot of court cases regarding where we can and can't carry.

    Seems a little academic at times though, since any business, etc. can be posted, e.g. if it were ruled that guns could be carried in vehicles (not carried) on school property, all the schools have to do is post and it's illegal again. Sad.

    But I'm sure there will be many cases where it is currently deemed illegal or a gray area to carry, e.g. post office, that lines will be clarified.
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    We have very pro gun politicians in the state but an equal number of antis. I hope they are successful. I might donate some money if I find out where.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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    The plaintiff is right. The only thing that makes carrying in church a "dangerous" situation is the fact that the law is against doing it, not because it's any more dangerous than carrying anywhere else. That a given activity is performed inside those four walls is irrelevant. Thus, the primary biases for the claim that churches should be "holy ground" with respect to disallowing defensive, life-saving gear are baseless. (Because we want to disallow them isn't good enough, anymore, as if it ever was.)

    Go get 'em, preacher! Take 'em to task, an' git 'er done.
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    props for them

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    Church can be as dangerous as the people who attend or barge in to do harm, therefore folks need a means to defend themselves at church.

    If Ben L boys ever go to "run and gun" as a tactic to make folks afraid, I believe church will be one of their first choices of a soft target.

    Murder is in the spiritual heart of the murder not in the means he or she chooses to carry out the murder.

    Therefore, being able to protect yourself and loved ones, even if deadly force is used, is a righteous act of standing against evil.

    Remember "be wise as a serpent and as gentle as a dove", the serpent has fangs and the dove can fly away.

    So its "fight or flight", and in most churches you can't get out the door to flight in an emergency quick enough ,so it fight to allow other to escape.

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    Virginia

    VA has a "without good and sufficient reason."

    Which is another one of those "got-ya" laws that can and are applied with disparate effect.

    § 18.2-283. Carrying dangerous weapon to place of religious worship.

    If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.
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    Quote Originally Posted by DaveH View Post
    VA has a "without good and sufficient reason."

    Which is another one of those "got-ya" laws that can and are applied with disparate effect.
    It always amazes me that such wishy-washy laws ever get on the books. In some states, carrying for the protection of one's own life and the lives of one's loved ones hardly qualifies as legal justification for carrying, and yet it's almost always sufficient justification for use of a firearm in defense of crime. A control mechanism applied by people believing the citizens are subjects, subjectively applied.
    Your best weapon is your brain. Don't leave home without it.
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    Thankfully, the peoples republic of North Carolina makes no mention of church carry. I guess they figure if churches don't want it then they can post signs against it.
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    The state has no business telling churches, bars and other private entities that they can't have any legal carry there. If the church wants to prohibit carry there, then they can do so, but the state cannot make the decision for them.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
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    Quote Originally Posted by Tangle View Post
    I'm sure we'll be seeing a lot of court cases regarding where we can and can't carry.

    Seems a little academic at times though, since any business, etc. can be posted, e.g. if it were ruled that guns could be carried in vehicles (not carried) on school property, all the schools have to do is post and it's illegal again. Sad.

    But I'm sure there will be many cases where it is currently deemed illegal or a gray area to carry, e.g. post office, that lines will be clarified.
    There is a huge difference between the state making a law that infringes on your rights and a private citizen or business making their wishes known. The Constitution was written to control the Federal Government not an individual.

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    I hope he is successful. IMO it is only ridiculous that guns are banned from church.
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