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COURT OF APPEALS CONFIRMS CHURCH EXCEPTION TO CONCEAL AND CARRY REQUIREMENTS

February 2008

On February 5, 2008 the Minnesota Court of Appeals affirmed churches' exemption from the Minnesota Citizens Personal Protection Act of 2005 (the so-called "Conceal and Carry Act"). The controversy dates back to April 2003, when the Minnesota legislature initially adopted the Conceal and Carry Act. The law originally required any private establishment that wished to ban guns from its premises to post signs at each entrance, and dictated the size, lettering and content of the sign. The statute also required establishments to individually inform all persons that guns were prohibited on the premises.

Two churches, Unity Church of St. Paul and Edina Community Lutheran Church, challenged the statute as unconstitutional under the Freedom of Conscience Clause of the Minnesota Constitution. The court found that the statute was unconstitutional on other grounds (because there were too many subjects in the bill from which the statute was enacted). While that case was on appeal in 2005, the legislature reenacted the statute retroactive to 2003, and changed the notification requirement to either a sign or verbal notice. Again the two churches challenged the statute. This time, the court looked at the merits of the challenge and determined that the statute was unconstitutional to the extent it did the following:

1) Required churches to post signs at every entrance that conformed to specific requirements or to personally inform each person guns are prohibited and demand compliance;
2) Precluded churches from prohibiting guns in parking areas on church property; and
3) Precluded churches from prohibiting their tenants and guests of tenants from having guns on church property.

In reaching its conclusion, the Minnesota Court of Appeals recognized that a state mandate requiring church signage, where color and meaning are expressly dictated, could be antithetical to sincerely held principles of religious faith. The court also found it an unrealistic burden to require churches to personally inform the congregation that guns are prohibited on the premises, particularly when the church has a mission that espouses peacefulness. In arguing against the churches, the State suggested churches announce their gun policies at the beginning of each service. Thankfully, the court did not accept this argument, stating such a message would be inconsistent with the church's religious philosophy. The court explained its decision does not violate the Establishment Clause of the United States Constitution because no one religion is favored and none suffers interference.

The practical result of this ruling is that churches have the same legal rights as owners of private residences, who can ban firearms anywhere on their premises via any lawful means. Because churches are not required to follow the mandates of the Conceal and Carry Act, they are free to prohibit firearms from their premises without signage or personal notification restrictions. Furthermore, unlike other establishments, churches can ban firearms from their parking lots, including inside employee vehicles, without violating the statute. Other Minnesota establishments can ban firearms only when the individual is in a building or is an employee acting in the course and scope of his or her employment; the statute expressly prohibits banning firearms from parking lots. In addition, this ruling also allows churches to restrict their tenants from having firearms on the premises. For example, if a church leases space to a daycare, it can instruct the daycare that the church prohibits firearms on the premises, without regard to the manner of notification.

It is important to note this is a Minnesota Court of Appeals decision. Therefore, the State of Minnesota has the ability to appeal to the Minnesota Supreme Court. Any appeal must be filed within thirty days of the Court of Appeals' decision. If this case is appealed we will follow its progress through the courts. If you have any questions regarding this case, or how it may apply to you, please contact your attorney at Henningson & Snoxell, Ltd.

UPDATE

The Minnesota Supreme Court declined to hear an appeal of this case on April 29, 2008. Therefore, the law as determined by the Court of Appeals stands, and churches are not required to post signs to effectuate weapons bans on their premises. If you have any questions about this law or its application, please do not hesitate to contact your Henningson and Snoxell, Ltd. attorney.