Bishop James L. Jelinek of the Diocese of Minnesota has joined a lawsuit that seeks to challenge the constitutionality of a recently enacted Minnesota statute permitting concealed handguns in various places, including the parking lots of church buildings.

According to the new law, called the Minnesota Citizens' Personal Protection Act of 2003, concealed weapons can be banned inside church buildings but only by the posting of signs and verbal notification. It is to become effective 30 days after enactment, May 28, 2003.

"The Episcopal Church has adopted a theme of 'waging reconciliation' based on the teachings of Jesus," said Jelinek on May 22. "By my stand today I am saying that we should not stand for any more ways that tempt people to take out their anger and frustration on other human beings. This new law is simply inconsistent with our stance and our call to be agents of peace and reconciliation in the world."

The lawsuit, the first to challenge the new law, was filed May 20 by Edina Community Lutheran Church in Edina, Minnesota. The attorney representing the congregation, former US Attorney David Lillehaug, now in private practice in Minneapolis, reported that six other congregations have already signed on as additional plaintiffs and that several others, representing Christian, Jewish, and Islamic faiths, are considering joining the lawsuit. Jelinek becomes the first local leader of a denomination to join the lawsuit.

Handgun controversy not new

This is not the first time an Episcopal diocese has been caught up in controversy over concealed handguns.

Utah's legislature passed a statute in 1999 requiring private property owners who feel their buildings are not appropriate places to carry concealed guns to post notices specifically prohibiting people from carrying weapons inside. The Episcopal Diocese of Utah produced a sign stating that guns are not welcome in its church buildings, and each congregation in the diocese was asked to put the sign in a visible place on its property, in keeping with the requirements of the new statute.

In 2003 the state legislature revised the law, no longer requiring the signs. It allows churches that do not welcome concealed weapons to be listed with the state. If a person carrying a concealed handgun is found on church property, police may be called and the violator cited and removed from the church. The violation is not even a misdemeanor nor is it cause to lose the concealed weapon permit.

The diocese also joined in a four-year petition drive against the concealed handguns law which failed to get enough signatures for a ballot initiative. The petition effort for the ban, called "Safe to Learn, Safe to Worship," was renewed last year.

The 2000 General Convention also passed three resolutions addressing the handgun issue, including one (B007) that called upon all members of the church to "work intentionally in their several committees, legislatures, and institutions toward the removal of handguns and assault weapons from our homes, other residential communities, and vehicles."

Notification requirement interferes with churches' rights

In deciding to join the lawsuit, Jelinek took action on behalf of those congregations and organizations which he legally heads: the mission congregations of the diocese, Cass Lake Episcopal Camp, the Episcopal House of Prayer, and the Episcopal Center in Minneapolis. Members of the Diocesan Council will be officially polled to determine if he should join the lawsuit on behalf of the parishes and organizations of the entire diocese as well.

Under the law, churches cannot ban concealed handguns from their parking lots and can only ban guns inside their buildings by posting signs at every entrance with specific language prescribed by the new statute and by a personal notification to persons suspected of carrying a concealed weapon.

According to a press release by the Edina congregation, the suit specifically contends that the act "controls and interferes with plaintiffs' rights of conscience and burdens the exercise of plaintiffs' religious beliefs by 1) preventing churches from prohibiting firearms in their parking areas; 2) preventing churches as employers from prohibiting their employees from carrying or possessing firearms in their parking areas; 3) preventing churches, as landlords, from prohibiting firearms in leased space; and 4) requiring churches to communicate their prohibition of firearms by specific words on a specific form of sign at specific locations, all dictated by the state rather than chosen by the churches, and 5) requiring churches to modify their customary welcome of worshipers and other persons entering church buildings to include personal notification of the church's prohibition of firearms and demand for compliance."

Lillehaug plans to amend the original complaint to include the new plaintiffs on the very day the new law is scheduled to go into effect.

Concerns about General Convention

Jelinek also expressed a concern regarding the upcoming General Convention of the Episcopal Church, which runs for 10 full days at the Minneapolis Convention Center beginning July 30. Protests are anticipated over several issues, including the church's stance on the inclusion of gay, lesbian, bisexual, and transgendered persons and consideration of same-sex blessings. He expressed concern over the new addition of possible concealed weapons to these situations.

"I am certain," he said, "that even those persons who would not vote in approval of same-sex blessings in our churches would not want to increase any opportunity for violence during these potentially heated demonstrations."

All of this comes about, in part, because of a straw vote taken at a spring clergy conference, at which an overwhelming majority of those present encouraged Jelinek and the diocese to move forward in finding ways to voice opposition to the new gun law. When one priest suggested that the bishop should continue to "be a prophetic voice" by taking public stands on various issues and that he did not always require a vote to do so, there was spontaneous applause.

The Rev. Canon Susan Moss, Metro-Area canon missioner and the Rev. Andrew Waldo, rector of Trinity Church, Excelsior, both of whom attended the meeting, reported that they are developing suggestions and resources for congregations who may want to demonstrate their opposition to the new law.

Complex sign requirements

According to the new statute, the owner or operator of a "private establishment" may prohibit the carrying of a firearm in that establishment by making a "reasonable request" that firearms not be brought into the establishment. A "private establishment" means "a building, structure, or portion thereof that is owned, leased, controlled, or operated by a non-governmental entity for a non-governmental purpose." Churches and places of worship are included in this designation.

A "reasonable request" means the prominent posting of a conspicuous sign at every entrance to the establishment containing the following language: "[NAME OF COMPANY/AGENCY] BANS GUNS IN THESE PREMISES." "Prominently" means the sign must be readily visible and within four feet laterally of the entrance with the bottom of the sign at a height of four to six feet above the floor. "Conspicuous" means it must contain lettering in black Arial typeface at least 1-1/2 inches in height against a contrasting background that is at least 187 inches in area. In addition, the requestor must personally inform the person carrying the firearm of the posted requirement and demand compliance.

Jelinek has encouraged congregations in the diocese of Minnesota to post a sign that reads "This Episcopal Church Bans Guns in These Premises."

"I have faithfully considered the implications of this legislation, and am compelled to uphold our faith community's right to free religious expression, commitment to peacemaking, and to assure a safe and welcome sanctuary for all people," said Jelinek. "I encourage you to post this sign in your congregation banning guns from the premises."

Episcopal News Service
Joe Bjordal is the e-communications manager for the Diocese of Minnesota. Additional material for this article was contributed by the Rev. Dan Webster, communications director for the Diocese of Utah.