Quote:
No. 12-486
Title:
GeorgiaCarry.Org, Inc., et al., Petitioners
v.
Georgia, et al.
Docketed: October 22, 2012
Lower Ct: United States Court of Appeals for the Eleventh Circuit
Case Nos.: (11-10387)
Decision Date: July 20, 2012
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 16 2012 Petition for a writ of certiorari filed. (Response due November 21, 2012)
Oct 23 2012 Waiver of right of respondents Georgia, et al. to respond filed.
QUESTION PRESENTED
A single question is presented:
Does a state criminal law that targets religion, and is neither neutral nor generally
applicable, pass strict scrutiny muster underthe Free Exercise Clause of the First Amendment?
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Looking at the law in question:
Quote:
O.C.G.A. § 16-11-127(b) says, in pertinent part:
A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:(1) In a government building;
(2) In a courthouse;
(3) In a jail or prison;
(4) In a place of worship;
(5) In a state mental health facility . . . ;
(6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;
(7) On the premises of a nuclear power plant . . . ;
(8) Within 150 feet of any polling place. . . . ; Subsection (c) says that a “license holder . . . shall be authorized to carry a weapon . . . in every location in this state not listed in subsection (b). . . .”
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In essence, Georgia considers the above eight places to be "sensitive places" where public safety outweighs a civil right.
However, both the district court and the appeals court refused to address the basic issue: That a law cannot burden religiously motivated
conduct - here the conduct is attending a religious service - unless such conduct is also applied generally. Instead, the Circuit Court said that the law would be invalid if it burdened religiously held
beliefs.
This is a distinct departure in how the Courts have, until now, applied laws, as they relate to religion.
Since this is a "published" opinion, it is now law in the 11th Circuit. There is now a circuit split. Whether or not it is enough of an issue to peak the interest of the SCOTUS, is the real question.
Petition for a Writ of Certiorari