764 F. Supp. 2d 1306
M.D. Ga.2011Background
- Senate Bill 308 amended Georgia firearms law, adding place-of-worship prohibition for carrying weapons (O.C.G.A. § 16-11-127(b)).
- Statute defines weapon as knife or handgun and creates criminal liability for carrying in specified locations, including places of worship.
- Plaintiffs include GeorgiaCarry.Org, Tabernacle, Stone, and Wilkins, all seeking to challenge the statute as unconstitutional under the First and Second Amendments.
- Plaintiffs fear arrest/prosecution for carrying firearms during worship or in Tabernacle offices, despite holding Georgia Weapons Licenses.
- Defendants include the State of Georgia, Upson County, Governor Perdue, and County Manager Hood, who move to dismiss; a preliminary injunction was previously denied.
- Court analyzes whether the statute is unconstitutional on its face or as applied, and whether the State is immune from suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Free Exercise burden on worship attendance | Burden on sincere religious exercise attending worship. | Law regulates conduct in secular, non-religious terms; burden is attenuated. | No substantial burden; Free Exercise claim fails. |
| Second Amendment protection of carrying in places of worship | Places of worship fall within Second Amendment; prohibition invalidates rights. | Limitation is permissible; intermediate scrutiny applies with substantial relation to objectives. | Statute survives intermediate scrutiny; Second Amendment not violated as applied. |
| Facial vs. as-applied challenges | Statute facially unconstitutional under both Amendments. | As-applied challenges fail; statute not unconstitutional in all applications. | Claims fail under both facial and as-applied theories. |
| State immunity under Eleventh Amendment | State waived immunity by removal to federal court. | No waiver of sovereign immunity; removal does not waive state immunity for the claims here. | State immune from suit; dismissal of Georgia as a defendant. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognizes an individual right to possess and carry weapons for self-defense)
- Marzzarella, United States v., 614 F.3d 85 (3d Cir. 2010) (two-pronged approach on Second Amendment scope and means-ends scrutiny)
- Rozier, United States v., 598 F.3d 768 (11th Cir. 2010) (upholds presumptively lawful regulatory measures without independent scrutiny when on list)
- White, United States v., 593 F.3d 1199 (11th Cir. 2010) (analyze 922(g)(9) as presumptively lawful; some cases apply ‘list’ approach)
- Skoien, United States v., 614 F.3d 638 (7th Cir. 2010) (en banc; requires strong showing via intermediate scrutiny for certain prohibitions)
- Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 (1952) (ministerial exception framework for church governance matters)