Do church CHL bans violate the First Amendment?

David Kopel has an interesting legal analysis of church (or other place of worship) bans on concealed carry. And this isn’t talking about “free speech”…. remember there’s other things in 1A too.

Moreover, the CHL ban also violates the Establishment clause because it favors some denominations over others. In effect, the statute privileges pacifist denominations over non-pacifist ones, by forcing the non-pacifist religions to obey pacifist standards of conduct in their own houses of worship. This is not only a Free Exercise violation, it is an Establishment clause violation, because it plainly creates the message that the pacifist way of being is the only way of being which the state will allow in any church, anywhere in the boundaries of the state.

It seems in so many ways we create problems because we poke at things too much. Consider the large structuring of laws that got us to even have to consider the above. If those laws were stripped away, we wouldn’t be having this discussion and all involved groups would be able to freely practice whatever it is they believe.

When are we going to learn to sometimes leave things alone?

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