Constitutional Law

Federal judge upholds Ga. ban on guns in places of worship

By By The Associated Press

ATLANTA ? A federal judge this week upheld Georgia?s law banning guns in churches and other places of worship by dismissing a lawsuit that claims the ban violates the First and Second amendments of the U.S. Constitution.

The lawsuit was filed by a gun-rights organization ? GeorgiaCarry.org ? and the Rev. Jonathan Wilkins of the Baptist Tabernacle of Thomaston.

Plaintiffs had argued that they should be allowed to have firearms in places of worship ?for the protection of their families and themselves? without fear of arrest on a misdemeanor charge. Wilkins said he wanted to have a gun for protection while working in the church office.

U.S. District Judge Ashley Royal on Jan. 24 wrote that Georgia?s law does not violate First Amendment protections for free exercise of religion or the Second Amendment right to bear arms. The judge noted that members of the church had not claimed that their religious beliefs ?require that any member carry a firearm into the Tabernacle, whether during worship services or otherwise.?

Worshippers are free to leave their weapons in their cars or with security or management at the door as they go inside to worship. In the minister?s case, he could have a gun in the church office as long as he has permission from the church?s management, the judge wrote.

The lawsuit had been filed in response to a 2010 change in Georgia law that removed the prohibition of guns at public gatherings. The change replaced ?public gatherings? with a more specific list of sites including places of worship, government buildings, polling places and nuclear power plants.

GeorgiaCarry.org said yesterday on its website that it was appealing Royal?s decision.

Meanwhile, state Rep. Bobby Franklin, R-Marietta, on Jan. 24 filed legislation (H.B. 54) that would remove places of worship from the list of places where guns are prohibited.

Full post as published by First Amendment Center on January 26, 2011 (boomark / email).