Raises an interesting question, which I've occasionally encountered before:
If they win, what is the remedy? Assuming statute says something like CCW is illegal w/o permit, you can get permit, if you have permit can carry on places including church property, and assume last is stricken as invalid. Person comes onto property with firearm (concealed or not). With exception stricken, what law has he violated? If he's carrying concealed with permit, or openly (assuming that requires no permit), he's not in violation of the firearms law. The only possibility I can see is that if the church warned him (signs?) not to come on, then he might be trespassing. I always wondered if there might be a due process problem when you have a criminal statute, an exception, and the exception is stricken. Now you have a criminal statute which is actually broader than its text. A person could read the face of the statute, comply with it, and be prosecuted and convicted. (Fortunately, this situation seems very rare, since there are few reasons to strike an *exception* from a criminal prohibition). -----Original Message----- From: Robert Woolley <[EMAIL PROTECTED]> Sent: Aug 6, 2005 8:15 PM To: [EMAIL PROTECTED], [email protected] Subject: Re: Takings On 8/6/05 6:29 PM, "[EMAIL PROTECTED]" <[EMAIL PROTECTED]> wrote: > If signage exempts the church, I'd be hard put to see a 1st Amendment issue. A > religious objection to firearms is conceivable, but I'm hard put to see a > religious objection to hanging a sign. Not that plaintiffs couldn't claim one, > but it seems a rather long stretch. With a sign they can exclude gun-carriers from their church building, but nothing they do can exclude gun-carriers from their parking lots. So the law causes them to suffer a loss of the right to exclude. The question is whether it is a loss of that right sufficient to constitute a "taking." -- Bob Woolley St. Paul, MN [EMAIL PROTECTED] "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling, which thinks that nothing is worth war, is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." -- John Stuart Mill _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
