Tuesday, August 24, 2010

Guns In Church Lawsuit

A U.S. District Court judge in Macon declined to issue an injunction allowing guns in church Monday.

The lawsuit filed in Upson Superior Court by Reverend Jonathan Wilkins, pastor of The Baptist Tabernacle in Thomaston and GeorgiaCarry.org, a second amendment advocacy group was allowed to continue.

The lawsuit, filed about a month ago contends that Wilkins has a constitutional right to be armed at church. The case was moved to federal court and is being heard by Judge Ashley Royal.

The Atlanta attorney, John R. Monroe, who filed the suit said the ruling on the injunction is not discouraging and that Judge Royal has stated that the outcome of the case would be decided only on the writings submitted by Monroe and the attorney representing the state and Upson County.

A final decision is not expected this summer, the case will eventually end up with the 11th Circuit Court of Appeals before moving to the U.S. Supreme Court.

The lawsuit was filed in early July, about two weeks after the Supreme Court ruled 5-4 that the second amendment’s guarantee of an individual’s right to bear arms applied to state and local gun control laws. The justices left open to state and local governments as to where the lines could be drawn beyond the home.

Georgia is one of four states that prohibit guns in churches attorney Monroe said.

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