Minnesota - Edina church wins round in gun suit

Status
Not open for further replies.

dandean316

Member
Joined
Jun 9, 2003
Messages
291
Location
Missouri
After reading this, I’d highly suggest you check into what your church or synagogue believes from a secular standpoint. This is coming from a Christian who goes to church 52 weeks a year, gives pretty good and volunteers plenty. Fortunately, my church is pro-gun – not neutral, but pro-gun – but with a new pastor coming on board, who knows.
-----------------------------------------------------

http://www.twincities.com/mld/twincities/news/local/7704524.htm

Edina church wins round in gun suit
BY PHILLIP PIÑA
Pioneer Press

An Edina church's challenge to Minnesota's controversial handgun law got new life Tuesday when a state Court of Appeals panel reversed a lower court's ruling that denied the church the right to ban firearms in its parking lots.
Tuesday's ruling was hailed by leaders at Edina Community Lutheran Church and the dozens of other houses of worship that have joined in the lawsuit since it was filed in May. Observers following the new law and the case called it an important turn in the battle over carrying handguns in public.
Hennepin County District Judge Marilyn B. Rosenbaum had earlier ruled Edina Community Lutheran lacked standing to challenge the portion of the law that dealt with parking lots. But the appeals court ruling said the new statute could affect property rights and freedom of religion. Tuesday's ruling sends the issue back to the district court.
"It's important so that we are able to practice our religious faith in a manner we see fit," said the Rev. Erik Strand, the church's co-pastor.
Last April, lawmakers passed the Minnesota Citizens Personal Protection Act, which came to be known more popularly as the "conceal and carry" law. The new law made it easier for Minnesotans to get a handgun permit and carry a gun in public. Some private building owners immediately began posting signs at public entrances banning handguns. But another provision of the law prevented private establishments from banning firearms in parking lots.
Edina Community Lutheran Church filed suit a week before the law went into effect on May 28, arguing that it often uses its parking lot and leased buildings for worship services and that the church should be allowed to prohibit guns on its property.
Other congregations from the region joined the church's lawsuit. Also joining the suit was Bishop James Jelinek of the Episcopal Diocese of Minnesota.
In June, Rosenbaum ruled for a portion of the churches' request, saying they did not need to adhere to the law's detailed provisions about its "guns banned" signs and did not need to personally notify visitors. But she added that the church didn't have a legal right to challenge the law when it came to the parking lot. The appeals court said it did.
Leslie Sandberg, spokeswoman for Minnesota Attorney General Mike Hatch, said the office will review the appeals court ruling and make a decision later on how to proceed.
In arguing before the appeals court, however, Deputy Attorney General Hilary Caligiuri defended the statute by noting there are no mechanisms to enforce the law on churches if they go ahead and ban weapons in their parking lots.
The Edina church's lawyers will go back to ask that Rosenbaum expand her temporary injunction to include the church's parking lot and buildings it rents out.
The church has about 600 congregation members, Strand said. It did not want to post the "guns banned'' signs prescribed by the law, nor have to give oral notice to those who enter its buildings. Instead, it posted a sign outside the church that reads: "Blessed are the peacemakers. No firearms are allowed in this place of sanctuary." And despite the earlier ruling on the parking lot, the church did post a sign banning guns there, the pastor added.
It is a matter of religious rights and property rights, said the church's attorney, David Lillehaug, a former U.S. attorney for Minnesota and a member of the congregation.
Hamline University law professor Joseph Daly called the ruling an important turn in the legal battle over the gun-permit issue. He noted that the three-judge panel made a point to include concerns over whether it infringes on a landowner's property rights. That could open the case up to include shopping mall parking lots and those of other public places.
But, he added, the ruling Tuesday is not about whether the law is unconstitutional, but whether more consideration is needed on the application in specific situations.
One of the law's backers, state Sen. Dick Day, R-Owatonna, said the issue is a fading one in the minds of many Minnesotans. Permit holders have been legally carrying guns into churches, shopping malls and the Metrodome for years, he said.
But the ruling means state leaders will have to watch to see how the court decisions play out, and decide if there need to be any changes made to the law.
Also pending in Ramsey County District Court is a lawsuit by more than 20 churches trying to get the law ruled unconstitutional. Lillehaug also represents the churches in that case. The suit maintains that the law violates the constitutional protections of religious freedom, freedom of speech and association, as well as property rights.

------------------------------------------------------------

The same story, only more one sided:
http://www.startribune.com/stories/462/4317756.html
 
That church should ask the congregation of the St. Stephens A.M.E. church in Toldeo, OH what happens when the members are disarmed.


{article earlier last week about a robbery in that church in Toldeo, on the

ohioccw.org website}

Check last Monday's Newslinks (Jan. 5 archives on ohioccw.org.)

Gist of the story is that armed thugs entered the church, held guns to heads of 2 girls, age 9 & 13, demanded that the members come up with at least $500 cash.
 
Some private building owners immediately began posting signs at public entrances banning handguns. But another provision of the law prevented private establishments from banning firearms in parking lots. Edina Community Lutheran Church filed suit a week before the law went into effect on May 28, arguing that it often uses its parking lot and leased buildings for worship services and that the church should be allowed to prohibit guns on its property.
This really shouldn't be that big a deal. The law is poorly written, IMO, as it dictates to a property owner what he, she, or they can do with respect to their own property. How is it reasonable to allow them to ban firearms within the confines of a building (which they own) but not in the parking lot (which they also own)?

I totally support RKBA, and am a big fan of concealed carry. But I'm just as big a fan of property rights, and I believe that the owner ought to be the one to say what goes. If they don't want firearms on any part of their property, then they have the right to disallow them.
 
How is it reasonable to allow them to ban firearms within the confines of a building (which they own) but not in the parking lot (which they also own)?
Good point, but I think it's reasonable to require a business owner (and church) to allow guns to be locked up and secured in a vehicle. That said, I assume you agree a landlord who rents out apartments, can prohibit it's tennants from even having guns on the property. It's the landlords property right?

Sure, I believe in property rights too, but I'm sure if I tried to setup an oil rig on my residental lot, I couldn't do it. But, hey, it's my property. ;)

The point of the lawsuit isn't about parking lots. It's about getting a district court to repeal the whole thing - which is another lawsuit these "churches" filed.
 
It's common for companies and other entities to ban weapons on their property. There wouldn't be much good in a CCW law if, for example, you couldn't leave your weapon in your car once you got to work if weapons weren't allowed in the building. In effect, you wouldn't be able to carry to or from work without violating the law.

Ryan
 
The law is poorly written, IMO, as it dictates to a property owner what he, she, or they can do with respect to their own property.
Hmmm . . . if it's a "property rights" issue, where were these churches when they were inspected for building code violations? Where were these churches when the state required handicapped spaces in their parking lots? Heck, where were these churches when they needed building permits just for constructing the original building?

If property rights were absolute - especially where some place is nominally open to the public - a business could hang up a sign that said "no blacks/arabs/jews/irish/chinese/whoever allowed" and simply let the market decide . . . but we don't do that now, do we? :rolleyes:
 
There wouldn't be much good in a CCW law if, for example, you couldn't leave your weapon in your car once you got to work if weapons weren't allowed in the building. In effect, you wouldn't be able to carry to or from work without violating the law.
Big_R is exactly right. That's the point they really want. For the restrictions to be so great, it's not worth it to even carry at all.
 
They can call it "freedom of religion", but it's their POLITICS pure and simple. My father-in-law is a pro-gun minister in the Baptist faith, and last time I checked Baptist are Christians just as much as Lutherans. After several druggies breaking into the church and his house on several occasions, he is usually packin'. Show me the scripture that says we should make ourselves easy victims for evil people.
 
More input from a leader of CCRN

Here's an interesting take from one of the MNCCRN's leadership team and a guy who was there.
---------------------------------------------------

http://www.fingusite.com/GunshowTrash/

Church Lawsuit vs Carry Law or Judicial Boredom and Political Maneuvering

Some Minnesota churches are suing the state over the Minnesota Citizens Personal Protection Act (the "carry-permit law") and it's posting provisions. Somehow, this infringes religious liberty.

Part of the churches' lawsuit was tossed out; that part has been re-instated (StarTribune report) by a Minnesota Appeals Court panel.

It seems a great legal victory. But not if you attended the Appeals Court panel hearing. I did.

All during the oral arguments, I half-expected a judge to stand up, produce a gavel, start tapping David Lillehaug lightly upon the head, and say:

"Listen up, Lillehaug. The law has been in effect for a few months. There's no case law. There's no precedent. Heck, Lillehaug, your original lawsuits are still on the docket. Now you come and waste our time. Why should we do anything but return standing and send the case back?"

Which is exactly what they did. Many judicial rulings are mundane, the equivalent of telling an attorney to "Go do your job, dammit."

It's also "politics by other means." By filing an appeal, Mr Lillehaug stretches out the case, and gets a ruling three weeks before the legislature convenes. This puts pressure on the legislature to eviscerate the carry-law.

And it gets Mr Lillehaug notoriety for a possible political campaign. He's already run for Senate; just 'cause he lost doesn't mean he's going to give up.

Finally, if the church lawsuit succeeds, will carry-permit holders be denied service at a lunch counter?
 
I guess Minnesota's leftist extremists are still eagerly waiting for the oft-promised "blood bath" to occur, right?
Already did, at Wedgewood Baptist Church. 7dead, 7 wounded. Too bad nobody inside could defend themselves.
 
If property rights were absolute - especially where some place is nominally open to the public - a business could hang up a sign that said "no blacks/arabs/jews/irish/chinese/whoever allowed" and simply let the market decide . . . but we don't do that now, do we?
You're missing a BIG distinction: No one has any choice about who their parents are. Totally different from whether or not one chooses to carry a firearm for protection. You do see that, right?
That said, I assume you agree a landlord who rents out apartments, can prohibit it's tennants from even having guns on the property. It's the landlords property right?
If it's spelled out in the lease agreement that is signed by both parties, then yes, the landlord absolutely has the right to make such a prohibition. If you don't want to live in that place under those rules, then rent from someone else. If there's no such prohibition in the lease agreement, then I'd say the landlord wouldn't have a leg to stand on.
 
First reaction: Sure, the church has a right to deny a person to bring a firearm onto their property.
All well and good, but in my mind, for them to deny my right to be armed, the church then takes up any and ALL responsibility for the safety of the congregation.
 
If it's spelled out in the lease agreement that is signed by both parties, then yes, the landlord absolutely has the right to make such a prohibition. If you don't want to live in that place under those rules, then rent from someone else.
Let's say I don't want gays or unmarried couples living in my rentals. If I spell it out in the lease agreement, that's ok right? Let's say I don't want a certain political party affiliation living in my rentals - if I spell that out in the lease I'm covered right. It's your choice to do any of the above.

No one has any choice about who their parents are. Totally different from whether or not one chooses to carry a firearm for protection.
Not necessarily. Single mom, 2 kids, works nights can't afford much so she gets a cheap apartment in a shakey area of town. Think her Tae Kwon Do class will help her fend off a rape or mugging?

Bob, I'm not totally disagreeing with your point. I actually agree with it to a certain extent. But if the law is to be applied equally, then let's apply it equally. Funny thing is many gun owners are quick to give up certain rights. One 2A activist said it we'd b**ch as much as the liberals have in the past 20 years we wouldn't even be fighting for the 2A and CCW anymore. It'd be the norm.
 
I think we need to establish a church that requires members to be armed when worshipping.

Hmm, since I am Norwegian it could be a church were we worship Thor or Odin :D

Could have hammer throwing contests and heavy drinking.

Good War Gods!

Only use they would have for unarmed bleeding hearts would be as thralls.
 
Ah, Edina. Sometimes I miss my hometown - at least you can carry outside of church there. In CA, the entire state is disarmed.
 
I think we need to establish a church that requires members to be armed when worshipping.
I think the law is still on the books in Massachusetts from the 1700's about every man being responsible for bringing his loaded musket with him to the house of worship.
Let's say I don't want gays or unmarried couples living in my rentals. If I spell it out in the lease agreement, that's ok right?
It should be. You, as the property owner, ought to have the right to decide to whom you will or will not rent.

As a country, we've adopted this notion of a "place of public accomodation", and we use it to abuse the rights of people who own and operate businesses. It's un-American, IMO. There's public property, owned collectively by the citizenry and operated by their governments, and there's private property, which is under the control of the person or people who own it. Blurring that line is a very, very bad thing.
Funny thing is many gun owners are quick to give up certain rights.
I'm not giving up anything. But I am willing to recognize that other people have rights that are just as important to them as mine are to me. And these people have the right to not have any firearms on their property if that's the way they want it. We can't legitimately maintain our own rights if we're willing to ignore those of other people.
 
Status
Not open for further replies.
Back
Top