With the recent decision by the Supreme Court in McDonald v. Chicago, which incorporated the Second Amendment to the states via the Due Process Clause of the Fourteenth Amendment. As an aside, the court missed a shot at adopting an originalist view by incorporating via the Privileges or Immunities Clause. Justice Clarence Thomas was the only member of the Court to get that right.
Lawsuits are expected across the country to challenge gun laws that restrict that right, prohibiting individuals from protecting themselves.
It looks like the one of the first lawsuits may come from Georgia, as a minister is challenging a state law that prohibits an individual from bringing a gun to a church or house of worship:
The suit, mailed Friday to the Superior Court in Upson County, is brought by GeorgiaCarry.org; the Baptist Tabernacle of Thomaston; Ed Stone, the president of GeorgiaCarry.org and the Rev. Jonathan Wilkins. The suit lists Upson County and the state as defendants.
Those for less as well as more restrictions on guns had said last month places of worship would be the next battle over where permitted gun owners can take their weapons. Georgia law was changed this year to remove the prohibitions of guns at “public gatherings” but it banned firearms in certain places – places of worship, government buildings, schools, nuclear power plants and bars without the owner’s permission.
“The handgun is the quintessential self-defense weapon in the United States,” the suit said.
The suit said Georgia law says people with permits to carry firearms “are not prohibited from carrying firearms throughout the state except for certain places.”
The suit cites the First Amendment freedom of religion and the Second Amendment right to bear arms as grounds for bringing the case.
According to the suit, Ed Stone, president of GeorgiaCarry.org, and others want to be able to arm themselves while worshiping “for the protection of their families and themselves” without fear of arrest and prosecution.