GeorgiaCarry.Org, Inc. v. The State of Georgia
2012 U.S. App. LEXIS 14955
11th Cir.2012Background
- Georgia Carry Law bans carrying weapons in eight locations, including places of worship, with a license exception that requires notifying security and following directions to surrender.
- Plaintiffs Stone and Wilkins attend worship services, hold weapons licenses, and seek to carry in a place of worship.
- District Court dismissed plaintiffs' claims under Rule 12(b)(6) and Eleventh Amendment immunity; district court did not address standing.
- Plaintiffs asserted First Amendment Free Exercise claims and Second Amendment rights; defendants argued lack of state action and no burden.
- Court held plaintiffs had standing to challenge pre-enforcement statute but affirmed dismissal of all counts for failure to plead viable claims.
- This court analyzed First and Second Amendment claims under Supreme Court precedent and private-property rights in a place of worship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do plaintiffs have standing to challenge the Carry Law pre-enforcement? | Stone/ Wilkins allege credible threat of prosecution | No actual or imminent injury shown | Yes; standing established under pre-enforcement doctrine |
| Do Counts 1–2 state a valid Free Exercise claim? | Law burdens sincerely held religious beliefs | Law neutral and generally applicable or no burden shown | Counts 1–2 dismissed; no plausible Free Exercise claim |
| Do Counts 3–4 state a valid Second Amendment claim? | Right to carry in worship on private property | Private property owner may control entry and firearm possession | Counts 3–4 dismissed; no constitutional right to carry on private property against owner’s wishes |
| Is the Governor properly challenged under §1983? | Governor enforces state statutes | State not a ‘person’ under §1983; immunity | Counts against Governor fail under §1983 liability; district court proper |
| Is the Carry Law unconstitutional on its face or as applied? | Law infringes rights in all applications | Law could have constitutional applications; not facially invalid | Law constitutionally permissible; facial challenge fails |
Key Cases Cited
- Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) (threshold Free Exercise burden requires sincere religious burden)
- Heller v. District of Columbia, 554 U.S. 570 (2008) (recognizes individual right to bear arms and historical context)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (Second Amendment applies to states)
- Salerno, United States v., 481 U.S. 739 (1987) (facial challenges require no set of circumstances where statute would be valid)
- Ex parte Young, 209 U.S. 123 (1908) (pre-enforcement relief against state officials permissible)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requirements (injury, causation, redressability))
- Summers v. Earth Island Inst., 555 U.S. 488 (2009) (standing for environmental cases; pre-enforcement relief)
- Babbitt v. UFW, 442 U.S. 289 (1979) (risk of prosecution can establish standing when credible threat exists)
- Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989) (state not a ‘person’ under §1983; Eleventh Amendment concerns)