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Sep 12, 2005 5:11 pm US/Central
Handgun Law Dealt Blow; Churches Get Exemption
St. Paul (AP) ―
Minnesota churches deserve an exemption from a state law requiring them to either post a sign or verbally inform people that concealed handguns aren't allowed on their property, a judge has ruled.
Hennepin County District Judge LaJune Thomas Lange granted two Twin Cities churches a temporary injunction Friday, the first legal blow to a 2005 law that was passed after an earlier version stumbled in the courts.
"The 2005 Act impermissibly intrudes into the free exercise of religion by arbitrary definitions, which dictate restrictions on the use of church property for worship, childcare, parking and rental space," Lange wrote.
Her ruling applies in Hennepin County until a trial is held. But an attorney for the churches hinted at a forthcoming push to have the order recognized elsewhere, too.
The law allows people at least 21 years old with a clean record, no mental illness and proper training to get a permit to carry a gun. Prior to 2003, local law enforcement authorities had more say over who received a permit.
Property owners that want to keep guns out must give notice individually to people entering their buildings or put up a specifically worded sign.
The 2003 version -- struck down on a technicality -- required businesses, churches and property owners to use both forms of notification if they wanted to ban guns.
The Edina Community Lutheran Church and the Unity Church-Unitarian in St. Paul, which were involved in challenges to the earlier version, said the recently enacted law still interfered with religious beliefs. They said the requirements dictated how they communicate with members, visitors and employees.
"Religious institutions need room to act on their beliefs," said David Lillehaug, one of the attorneys for the churches. "The Legislature has ignored the pleas of religious institutions for some flexibility."
Ignoring the law, the Edina church put up signs that read "Blessed are the peacemakers. Firearms are prohibited in this place of sanctuary."
The judge also freed the churches from having to allow guns in their parking lots or space they rent.
Joe Olson, president of the Gun Owners Civil Rights Alliance and a chief proponent of the law, didn't see the ruling as a major setback. But he thinks it will pose logistical problems.
"There's going to be 5,000 chuchres with 5,000 different ways of communicating their own particular message," Olson said. "The Legislaure wanted there to be one uniform way of doing it so there would be clear notice to the permit holders so they could comply. That's all out the window."
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