11th Circuit Dismisses Church Carry Case

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.


5 Responses to “11th Circuit Dismisses Church Carry Case”

  1. b8fish Says:

    The ruling appears to accept the State’s premise that it is legal to take a weapon to church if security managment permits. Is that true?

  2. jrm Says:

    Yes, that is the law in GA (at least that is the law that is binding on the state).

  3. rustygray Says:

    On Friday September 7th 2012 in Duluth GA I was pulled over for not using a turn signal to change lanes. The officer reviewed my license, we discussed the situation and he advised no ticket just a warning, then out of the blue he asked if I was armed. I said yes, and he asked where my pistol was located and if it was loaded. I responded console, and yes loaded, chambered and safety on. He called for back up, then asked if he could retrieve my weapon. I have nothing to hide, so I allowed him to retrieve my sidearm. The patrolman took my pistol to his his cruiser, cleared it, ran the serial number, and then returned it to me. WTF?? I am a 48 yr old white male,US Army veteran, employed, make over 60k a year, and was driving a late model Honda Civic. Can anyone tell me why they did a weapons check on me? Are they truly trying to track us? What would have given that officer reason to suspect my firearm would be anything but legally registered?

  4. sbd45acp Says:

    What he really did was a search based on your consent. If the officer cannot articulate a reasonable suspicion that would lead him to believe you gun was stolen, then he had no reason to “run” the serial numbers. He actually committed an illegal search and violation of your privacy. Did he run your VIN? No. Did he run the serial # on your stereo? No. radar detector? Cell phone? Air freshener? All no I am sure. When you consent, you waive all your Constitutional protections and bend over for the officer. Don’t do it. NEVER consent, NEVER give them your weapon, it may be the last time you see it. If possession of the firearm in the confines of you auto is legal then it is none of his business- just like every other legal item in your car….

  5. DrKC9N Says:

    rustygray, depending on a more full understanding of your circumstances, and keeping in mind that IANAL, it seems you have a case here. Not sure the best way to approach it, but what occurs to me is filing an official complaint with the Duluth PD (especially since you have a warning with the officer’s name on file).

    My research indicates that there is precedent for it being impermissible for the officer having seized your weapon without cause for suspicion–which is subjective, but the burden of proving that is upon the officer. The case precedent is from State v. Jones in 2008.

    The rule in Jones is that stopping someone … and seizing a weapon for inspection is not permissible, unless there is reasonable articulable suspicion of a crime based on specific and articulable facts …

    Case citation: 289 Ga. App. 176
    Link: http://www.georgiapacking.org/caselaw/