Wonderful news crossed the gunosphere yesterday with the announcement that SCOTUS had granted certiorari to McDonald v. City of Chicago. Even more good news was that Alan Gura, hero attorney of the landmark DC v. Heller decision and GBR IV featured speaker, would be arguing the case on behalf of the plaintiffs.
The Chicago gun ban challenge will likely be among the most closely watched constitutional law cases in decades. At stake is not just the question of whether the Second Amendment secures the right to arms against state and local governments, but also the extent to which the Supreme Court preserves individual liberty against encroachment by state and local governments.
However, we did also receive some bad news.
An opinion released today by the Arkansas Attorney General says “no.†Like most states, Arkansas allows adults to obtain a permit to carry a concealed handgun for lawful purposes, after passing a background check and safety class. Like a few states, Arkansas prohibits licensed carry in “Any church or other place of worship.â€
In short, the AG opinion says that there is no Free Exercise violation because the statute does not (at least facially) hinder the exercise of religion. Further, the statute is one of general applicability, and does not single out religion for different treatment, because the Arkansas concealed handgun license (CHL) statute also bans CHL in some other locations. The opinion suggests that what these disparate places have in common is that they are likely to be crowded.
There is no Establishment Clause violation because the CHL in churches ban does not appear, facially, to favor one sect or denomination over another. (The AG opinion and this post both use “churches†to include synagogues, mosques, and all other houses of worship of various religions.)
Washington is unlike Arkansas in that my CPL does not become inactive when I enter a house of worship, as it does when I enter a business establishment that serves alcohol, a building that acts as a court of law, or a campus sponsored by school district.
It is bad law all the way around and the sooner we’re done with it the better. Unlike the other locations, at least the court houses are required to provide a safe storage location for my pistol after I walk through the security theater barrier.
Oh well, at least it is on someone’s list of “Things To Do”.
———-
I stand happily corrected by Tom. Having read the Revised Code of Washington on the subject (Chapter 9.41 of the RCW), I cannot find where it states that carrying on church property is not allowed. I will be reviewing the paperwork accompanying my CPL, as soon as I can find it, for that is where I am positive I read my misinformation.
Corrections to the above text have have been made.
A WA CPL is not invalid in a house of worship! If you know otherwise I’d love to be enlightened with a link to the RCW. I’m under the impression they’re the same as any other private property.
“There is no Establishment Clause violation because the CHL in churches ban does not appear, facially, to favor one sect or denomination over another.”
Well, what if I attend the Church of JMB and we *require* attendees to be armed? Sounds to me like it’s favoring one church over another 😉
Here in SC, our CWP does not allow carry in a church without the permission of said church.
This is a good law.
Do we want the government saying what churches do and do not have to allow to take place inside their churches?
Some people say it should be the other way around- that churches should have to follow the same rules as any business does. They want churches to have to post appropriate signage on all their doors. This is still a government mandate on what a church can/cannot do, albeit a small one.
I really like the way Utah handles it. They’ve got a web site where any church can list themselves as being a “carry not allowed” church. If a church doesn’t want people carrying there, all they have to do is let the state know and they’ll put their name on the list. If you’re not on the list, carry is allowed. This gives citizens the presumed right to carry, while still making it very easy for a church to “post” itself against carry without having to desecrate all its doors with “no guns” signs.
I would love to be able to carry at church, but I have an even stronger desire to keep the gov out of my church.