The Supreme Court of the United States is expected to consider GCO’s petition for certiorari in the church carry case on January 4, 2013. At a conference, the court decides whether to take a case. Conference decisions generally are reported the following Monday, or January 7.
Archive for the 'Places of Worship Carry Ban' Category
GCO has petitioned the Supreme Court of the United States to take an appeal of the so-called “church carry” case, in which GCO challenges a Georgia law banning carrying firearms in churches. GCO brought the case in the Superior Court of Upson County, Georgia, which removed the case to the U.S. District Court for the Middle District of Georgia. The federal court dismissed the case and the Eleventh Circuit Court of Appeals affirmed the dismissal. GCO now seeks to have the nation’s highest court review the decision. In the appeal, GCO asserts that the First Amendment’s “free exercise” clause prohibits states from banning activities in churches when such activities generally are permitted elsewhere in the state. The documents may be viewed here.
The U.S. Court of Appeals for the 11th Circuit dismissed GCO’s church carry case, ruling that states are unlimited in their ability to single out religion for disparate treatment as long as the state does not burden a sincerely-held religious belief. The court also ruled there is no Second Amendment right to carry a firearm on private property against the owner’s wishes (a position that GCO never advanced in the first place). The court implicitly ruled that the Second Amendment applies outside the home, which is encouraging. GCO will consider further action in this case. A copy of the Court’s opinion can be found here.
GCO has filed another supplemental letter brief in its appeal of the case against the church carry ban in Georgia. In this supplement, GCO points out to the court that a U.S. District Court in North Carolina has ruled that the Second Amendment applies outside the home and that strict scrutiny applies to laws burdening the Second Amendment rights of law-abiding citizens. The latest supplement may be viewed here.
Federal appellate rules provide that new authorities after oral argument can be brought to the Court’s attention via letter to the clerk. Because two recent district court decisions have found that the Second Amendment applies to the states, an issue in GCO’s case challenging Georgia’s ban on carrying firearms in churches, GCO has submitted a letter advising the clerk of the 11th Circuit Court of Appeals of that fact. The letter may be viewed here.
GCO has alerted the Clerk of the U.S. Court of Appeals for the 11th Circuit of the recent ruling in the 7th Circuit, which held that law-abiding citizens are entitled to a higher standard of review for Second Amendment cases than intermediate scrutiny. GCO had argued that very point in its reply brief in its Church Carry Case. The 7th Circuit now has adopted GCO’s very argument. Federal Appellate rules permit a party to write a letter to the clerk of the appellate court to advise the court of new court decisions that are pertinent to the case. GCO’s letter may be viewed here.
The United States Court of Appeals for the Eleventh Circuit has announced that it will hear oral arguments in GCO’s church carry case. The case challenges the state law banning carrying firearms in places of worship. The case was dismissed by federal judge C. Ashley Royal, who determined that there is not a second amendment right to carry firearms in church and that the free exercise clause of the first amendment is not implicated by the ban. The state had objected to oral argument, but the court has ordered it over the state’s objection. Argument will take place in Atlanta the first week of October, with a firm date to be announced in early August.
Today, GCO filed its reply brief in the U.S. Court of Appeals for the 11th Circuit in its case challenging the constitutionality of the state ban on carrying firearms in places of worship. The court announced yesterday that it desires to hear oral arguments of the appeal. No date has been set, but it likely will be in the fall. Briefs in the case may be viewed here.
The State of Georgia and other appellees have responded to GCO’s appeal in GCO’s case challenging the state ban on carrying firearms in places of worship. The briefs may be viewed here.