764 F. Supp. 2d 1306
M.D. Ga.2011Background
- Senate Bill 308 amended Georgia’s firearms laws, including O.C.G.A. § 16-11-127 to prohibit carrying at a place of worship among other locations.
- The statute defines a weapon as a knife or handgun and applies to various sites, including places of worship, with certain exceptions.
- Plaintiffs GeorgiaCarry.Org, Inc., Baptist Tabernacle, Edward Stone, and Jonathan Wilkins allege First and Second Amendment violations and seek declaratory relief and injunctions.
- Defendants are the State of Georgia, Upson County, Governor Perdue (in official capacity), and Kyle Hood (in official capacity).
- Court previously denied a preliminary injunction; later motions to dismiss were filed and the court granted them, with summary judgment sought by plaintiffs denied as moot.
- Court analyzes whether the statute unconstitutionally burdens religious exercise or gun rights and whether the State is immune from suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the statute burden free exercise of religion? | GCO argues the law impermissibly burdens attending worship. | Defendants contend burden is insubstantial and attenuated. | No free exercise violation; burden insubstantial. |
| Does the statute violate the Second Amendment as applied or facially? | GCO/Wilkins claim prohibition infringes the right to bear arms in worship settings. | State may regulate in sensitive locations; statute survives scrutiny. | Statute survives intermediate scrutiny; no Second Amendment violation as applied or facially. |
| Has the State waived Eleventh Amendment immunity to be sued in federal court? | Removal to federal court constitutes waiver. | Waiver via removal is not established for the asserted claims; sovereign immunity remains. | State immune from suit; dismisses Georgia as a defendant. |
Key Cases Cited
- Cantwell v. State of Connecticut, 310 U.S. 296 (1940) (establishes Free Exercise applicability to the states)
- Employment Div., Dep’t of Human Resources of Or. v. Smith, 494 U.S. 872 (1990) (limitations on religious exemptions; standard referenced)
- Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) (strict scrutiny concerns for religious conduct prohibitions)
- Sherbert v. Verner, 374 U.S. 398 (1963) (substantial burden and heightened scrutiny in free exercise cases)
- Marzzarella v. United States, 614 F.3d 85 (3d Cir. 2010) (presumptively lawful regulations and means-ends scrutiny framework)
- Rozier v. United States, 598 F.3d 768 (11th Cir. 2010) (upholding prohibitions aligned with Heller list; scrutiny considerations)
- United States v. White, 593 F.3d 1199 (11th Cir. 2010) (context of whether regulation fits on Heller list and scrutiny level)
- Heller v. District of Columbia, 554 U.S. 570 (2008) (recognizes individual right to possess and carry firearms for self-defense; lists presumptively lawful regulations)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (Second Amendment applicable to the states via incorporation)
- Thomas v. Review Bd. of Ind. Employment Sec. Div., 450 U.S. 707 (1981) (religious exemptions and livelihood considerations)