carrying at church building not used for services allowed?

Discussion in 'Firearm Related' started by bacmb, Dec 21, 2010.

  1. bacmb

    bacmb New Member

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    Is it illegal to carry (with permit) while taking kids to basketball practice held in a church gym? Not sure if this violates church or athletic event prohibitions...

    Thanks!
     
  2. krmbigmac

    krmbigmac Active Member

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    From the gun laws tab above. emphasis mine
     

  3. bacmb

    bacmb New Member

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    Thanks, I understand that, but questioned the legal definition of 'Place of worship'. A gym at a church on a tuesday night... What about the reverse, a church meeting at a stadium?
     
  4. krmbigmac

    krmbigmac Active Member

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    I am not a lawyer. My interpretation on the examples-they are illegal. It does not say during services only. A gym at the church is still at the church. Assuming the stadium is at a school, it is at a school. A school function at the dome is still a school function. I could be wrong.
     
  5. Rugerer

    Rugerer GeePeeDoHolic

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    My own interpretation is that "place of worship" is a place generally recognized as a "church" and all its property. So, gym at a church, yes. Stadium, no.

    Stadium while church services are underway? I never thought into that. If you show people a picture of the stadium property and ask if it's a church I imagine no one (except the contrarians) will say yes. So, by the letter of the law, I'd say it's not a place of worship. But, I'll also bet that's enough of a grey area, that someone could "articulate" a case for the intent of the law to bar carry at sacred services.

    I imagine the counter argument would be that the law clearly shows they know how to rule out private property only while a government meeting is in session, and yet they did not protect private property while a church meeting is in session.
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    My guess is that the entire church-owned or leased building housing the place where "worship" (services, prayer, religious education) takes place is always off-limits. Even at night. Even on days when nobody else is there or expected to be there.

    I'm not so sure about a totally separate and free-standing building on church property that is NOT in any way used for worship. I would think that's okay to carry. That would include a freestanding gym, so long as the gym is only used for athletics and not also as a worship space at other times.

    As for what happens when some people get together at a home, in the back room of a restaurant, or hotel, to hold their worship meetings... I don't know. I would like the Courts to use the same standards and procedures for when a government entity meets on private property. During the time they are meeting, that building or that part of the building is off-limits. When the meeting is over and all the government attendees have left, the place reverts back to private property.

    See the disclaimer in my signature line! This is just my guess.