Fredrikson & Byron, P.A.
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For Immediate Release

LENGTHY CONCEAL-CARRY LITIGATION ENDS
WITH VICTORY FOR RELIGIOUS INSTITUTIONS

Date: May 1, 2008
Contact: David Lillehaug, 612-492-7321
Email: dlillehaug@fredlaw.com

 

Minneapolis, MN, May 1, 2008 - Today, completing five years of repeated litigation victories for religious institutions, the lawsuits regarding the so-called firearms “Conceal & Carry Law” came to an end. The Minnesota Supreme Court denied the Attorney General’s request to review the unanimous Court of Appeals decision that declared provisions of the law unconstitutional as violating religious freedom.

The series of three cases began in May, 2003, shortly after the law was passed, when Edina Community Lutheran Church filed and obtained an injunction against the State. A second lawsuit, commenced by Unity Church of St. Paul, resulted in a ruling striking the entire statute as unconstitutional. After the Legislature repassed the law, Edina and Unity joined forces to obtain a decision that provisions of the law violated Minnesota’s constitutional guarantee of religious freedom.

Court decisions now recognize that religious institutions may ban firearms on all of their religious properties. They may notify others of the ban as they see fit, including by the use of religious language.

Attorney David Lillehaug commented: “One small church had the courage to take on the Legislature, the Governor, and the Attorney General. Edina Community Lutheran Church’s religious witness has led to a legal precedent that will be cited for years to come. This final ruling is a powerful vindication of the right of Minnesotans to protect the religious character of religious properties.”

Lillehaug also thanked Attorney Marshall Tanick, of Mansfield, Tanick & Cohen. Tanick was a key player in all three lawsuits, representing Unity Church of St. Paul and other religious institutions. Tanick may be reached for comment at 612-339-4925.