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Federal Appeals Court upholds Georgia ban on guns in "places of worship"
ajc.com ^ | 20 July, 2012 | Rhonda Cook

Posted on 07/21/2012 8:17:22 AM PDT by marktwain

The 11th U.S. Circuit Court of Appeals has upheld Georgia's law that bans guns in places of worship.

The decision came on an appeal filed by a Thomaston minister who challenged the relatively new Georgia law that eliminated the "public places," but specifically listed where firearms are prohibited to eight places, which included places of worship such as churches, synagogues and masques.

The preacher said the ban forced him to choose between two constitutional protections — the First Amendment guaranteeing freedom to worship how he pleased and the Second Amendment right to carry arms.

A federal judge in Columbus upheld that portion of the law and the appeals court in Atlanta agreed with Judge Clay Land.

Judge Gerald Tjoflat, writing for a unanimous three-judge panel, said GeorgiaCarry.org's argument that the law is unconstitutional "badly misses the mark.

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


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Georgia
KEYWORDS: banglist; church; constitution; ga
I do not understand this decision. It seems exactly opposite reality. The State is banning guns in churches, not the church owners. It was a pastor and a church that were plaintiffs because the state banned carry in their own churches. This makes no sense. It is as if the State banned you from allowing your freinds from carrying guns on your property, then said it was constitutional because you had the power to use the law to ban your freinds from having guns on your property.
1 posted on 07/21/2012 8:17:38 AM PDT by marktwain
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To: marktwain

“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”

Idiots. The individual in question IS the owner.


2 posted on 07/21/2012 8:24:58 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: marktwain
Separate of Church and State! If this church's head pastor and elders/leaders allow guns inside, concealed or otherwise, the State has no say. This church's congregation should band together and show up every sunday well-armed.

He (Jesus) said to them, “But now if you have a purse, take it, and also a bag; and if you don’t have a sword, sell your cloak and buy one."

3 posted on 07/21/2012 8:25:58 AM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: marktwain

The only way this ruling makes sense is if the court has declared the state owns houses of worship.


4 posted on 07/21/2012 8:26:06 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: DTogo
Separation of Church and State!
5 posted on 07/21/2012 8:27:28 AM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: marktwain

Texas had that policy and the robbers took advantage by robbing the offerings on Sunday. The policy was abolished and the robberies on Sunday ended.


6 posted on 07/21/2012 8:37:08 AM PDT by Myrddin
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To: ctdonath2
Idiots. The individual in question IS the owner.

Un-FRIKIN-believable!!!

Did these "English-as-a-2nd-Language" Jurists graduate with Dear Leader at "Haw-vad?"

I've seen uber-lib, activists Judges twist the language into a pretzel in order to justify their moronic rulings (SEE: John Roberts) but this one takes the cake.

Can't believe an appeal would not be a "slam dunk?"

7 posted on 07/21/2012 8:42:43 AM PDT by Conservative Vermont Vet
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To: marktwain
So will this ‘protection’ be extended to movie theaters?
Why not spend more Court time protecting the victims, taxpayers and putting the killers predators, and whackos far away?
TWB
8 posted on 07/21/2012 8:43:44 AM PDT by TWhiteBear (Sarah Palin...The Flame of the North)
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To: marktwain

This goes back to medieval times, I believe, with attenders required to disarm before entering what was then a legitimate sanctuary.

Churches are no longer (in the US anyway) considered a legal sanctuary, so the idea of disarming is moot.

As a pastor (in an otherwise liberal denomination), I object to this. Any large gathering should have armed members in attendance for safety’s sake.

Islamics murdered just in Nigeria last month nearly 100 in multiple attacks on churches.

They don’t like churches.


9 posted on 07/21/2012 8:44:14 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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To: marktwain

I’m glad my house isn’t in Georgia. I couldn’t legally have a gun in my own home, which is definitely a place of worship.


10 posted on 07/21/2012 8:45:33 AM PDT by gitmo ( If your theology doesn't become your biography it's useless.)
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To: marktwain

Interesting. Especially since early colonists in the Americas were required BY LAW to bring their firearms to church or be fined.
In the middle ages in Britain they were required to bring their bows and arrows to church and practice afterwards.


11 posted on 07/21/2012 9:16:49 AM PDT by Ruy Dias de Bivar (I LIKE ART! Click my name. See my web page.)
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To: gitmo
Very good point.

In the Commonwealth of Virginia, AG Cuccinelli opined that the law allowed anyone with a need to CCW in a House of Worship. This has not been challenged.

12 posted on 07/21/2012 9:29:25 AM PDT by 103198
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To: marktwain

Our government is just setting up kill zones for crooks and wackos. They only go where they know they will be safe to rob and kill, and yes they prefer their victims to be unarmed.


13 posted on 07/21/2012 10:21:48 AM PDT by coincheck (Time is Short, Salvation is for Today)
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To: marktwain

Our government is just setting up kill zones for crooks and wackos. They only go where they know they will be safe to rob and kill, and yes they prefer their victims to be unarmed.


14 posted on 07/21/2012 10:21:58 AM PDT by coincheck (Time is Short, Salvation is for Today)
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To: ctdonath2; All

More details about the decision. It is not as draconian as first implied:

http://www.freerepublic.com/focus/f-news/2909005/posts


15 posted on 07/21/2012 10:32:02 AM PDT by marktwain
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Click.

Set it right. Donate to Free Republic.

16 posted on 07/21/2012 11:00:54 AM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93destr)
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To: Ruy Dias de Bivar

Source? English archers were drawn from common stock, but were a specialized force. Show me where citizens of the crown were required to bring bows to the church. I’m not saying you are wrong, but there is reason to be skeptical


17 posted on 07/21/2012 11:23:32 AM PDT by Melas (u)
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To: Melas

***Show me where citizens of the crown were required to bring bows to the church.***

Here. LONGBOW by Robert Hardy, page 129. Longbow practice required every religious feast day.

And page 119. “Trained from their boyhood by constant practice at the bowmarks that were fixed near every parish church,....”

Another king required bow practice every Holyday.

It makes mention of the scratches on the church walls where the archers sharpened their points.

And Here...THE RIGHT TO KEEP AND BEAR ARMS. Report of the SUBCOMMITTEE ON THE CONSTITUTION (97th Congress) Feb 1982.

Also delves into the requirement that the 1631 law in Virginia required colonists to engage in target practice on Sunday and to “bring their pieces to church”. Page 3

And here in the same book, Historical Basis of the Right to Keep and Bear Arms by David T Hardy.


18 posted on 07/21/2012 5:05:56 PM PDT by Ruy Dias de Bivar (I LIKE ART! Click my name. See my web page.)
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