Drizzt
Member
The Associated Press State & Local Wire
May 20, 2003, Tuesday, BC cycle
6:02 PM Eastern Time
SECTION: State and Regional
LENGTH: 460 words
HEADLINE: Church sues over new handgun permit law; Pursuing MNAH101
BYLINE: By ASHLEY H. GRANT, Associated Press Writer
DATELINE: ST. PAUL
BODY:
An Edina church sued the state Tuesday, asking that portions of a new handgun permit law be declared unconstitutional.
The church council at Edina Community Lutheran Church took action after congregation members unanimously supported the lawsuit during a Sunday worship service. They say the law infringes on the Minnesota Constitution's guarantee of religious freedom.
"We don't want people carrying guns onto our property, a place we think of as a sanctuary," said pastor Erik Strand.
The law, scheduled to take effect next week, requires sheriffs to issue handgun permits to most law-abiding, mentally stable people who seek them.
The part of the law church officials are suing over, however, allows guns in privately owned buildings such as businesses and churches unless signs are posted at all entrances to let people know otherwise. The law also says people entering should be verbally instructed that guns aren't allowed on the premises. And the church isn't permitted to ban guns in its parking lot.
While the lawsuit is pending in Hennepin County District Court, the church will be in violation of state law. It has banned guns on all of its property, including the church, parking lot, childcare center and playground.
"It's an issue of hospitality," Strand said.
The Edina church has invited others to join them in challenging the law, which takes effect May 28. The attorney representing the church, David Lillehaug, said it's the first such lawsuit he's heard of.
"Many other states exempt churches and do not allow people to carry firearms into places of worship," he said. "We believe this is a tremendous intrusion on religious freedom."
Rep. Lynda Boudreau, the House bill sponsor, said the lawsuit sounds baseless to her. Under current law, permit-holders can already carry guns onto church property, she said.
"We don't change any of that, except we allow churches and others to make further restrictions," said Boudreau, R-Faribault.
She also said that had the bill carved out special rules for churches, it might violated the Constitution.
"To place an overall restriction on churches in the bill, I believe, would violate the free exercise of religion and is not something the state should be doing," she said. "We give churches and private establishments those options already, and since they have those options, I fail to see where there is any need for changes to the new law."
C. Peter Erlinder, a professor at William Mitchell College of Law, said he hadn't heard of similar cases in other states, making the outcome difficult to predict.
"I don't have an easy answer for this," he said. "This is an issue that's right on the dividing line."
May 20, 2003, Tuesday, BC cycle
6:02 PM Eastern Time
SECTION: State and Regional
LENGTH: 460 words
HEADLINE: Church sues over new handgun permit law; Pursuing MNAH101
BYLINE: By ASHLEY H. GRANT, Associated Press Writer
DATELINE: ST. PAUL
BODY:
An Edina church sued the state Tuesday, asking that portions of a new handgun permit law be declared unconstitutional.
The church council at Edina Community Lutheran Church took action after congregation members unanimously supported the lawsuit during a Sunday worship service. They say the law infringes on the Minnesota Constitution's guarantee of religious freedom.
"We don't want people carrying guns onto our property, a place we think of as a sanctuary," said pastor Erik Strand.
The law, scheduled to take effect next week, requires sheriffs to issue handgun permits to most law-abiding, mentally stable people who seek them.
The part of the law church officials are suing over, however, allows guns in privately owned buildings such as businesses and churches unless signs are posted at all entrances to let people know otherwise. The law also says people entering should be verbally instructed that guns aren't allowed on the premises. And the church isn't permitted to ban guns in its parking lot.
While the lawsuit is pending in Hennepin County District Court, the church will be in violation of state law. It has banned guns on all of its property, including the church, parking lot, childcare center and playground.
"It's an issue of hospitality," Strand said.
The Edina church has invited others to join them in challenging the law, which takes effect May 28. The attorney representing the church, David Lillehaug, said it's the first such lawsuit he's heard of.
"Many other states exempt churches and do not allow people to carry firearms into places of worship," he said. "We believe this is a tremendous intrusion on religious freedom."
Rep. Lynda Boudreau, the House bill sponsor, said the lawsuit sounds baseless to her. Under current law, permit-holders can already carry guns onto church property, she said.
"We don't change any of that, except we allow churches and others to make further restrictions," said Boudreau, R-Faribault.
She also said that had the bill carved out special rules for churches, it might violated the Constitution.
"To place an overall restriction on churches in the bill, I believe, would violate the free exercise of religion and is not something the state should be doing," she said. "We give churches and private establishments those options already, and since they have those options, I fail to see where there is any need for changes to the new law."
C. Peter Erlinder, a professor at William Mitchell College of Law, said he hadn't heard of similar cases in other states, making the outcome difficult to predict.
"I don't have an easy answer for this," he said. "This is an issue that's right on the dividing line."
And this whole time I thought....
