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STATE OF MINNESOTA IN COURT OF APPEALS A07-131 Edina Community Lutheran Church, Respondent, Unity Church of St. Paul, Respondent, vs. State of Minnesota, Appellant. Filed February 5, 2008 Affirmed in part and reversed in part Minge, Judge Hennepin County District Court File No. 27-CV-05-011659 David L. Lillehaug, Frederikson & Byron, P.A., 200 South Sixth Street, Suite 4000, Minneapolis, MN 55402 (for respondent Edina Community Lutheran Church) Marshall H. Tanick, Mansfield, Tanick & Cohen, P.A., 220 South Sixth Street, Suite 1700, Minneapolis, MN 55402 (for respondent Unity Church of St. Paul) Lori Swanson, Attorney General, Peter Marker, Jocelyn F. Olson, Assistant Attorneys General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134 (for appellant) Considered and decided by Stoneburner, Presiding Judge; Halbrooks, Judge; and Minge, Judge SYLLABUS 1. Provisions of the Minnesota Citizens` Personal Protection Act of 2005 that effectively (a) require that before a church may order a person carrying a firearm to leave its premises, the church must (i) post at every entrance signs that conform to specific

requirements, or (ii) personally inform each person that guns are prohibited and demand compliance; (b) preclude churches from prohibiting guns in parking areas on church property; and (c) preclude churches from prohibiting their tenants and the guests of tenants from having guns on church property are unconstitutional under article I, section 16, of the Minnesota Constitution. 2. The granting of an injunction that recognizes an exemption for churches that is analogous to the statutory exemption applicable to private residences under the Minnesota Citizens` Personal Protection Act of 2005 does not violate the Establishment Clause of the First Amendment to the United States Constitution. 3. Provisions of the Minnesota Citizens` Personal Protection Act of 2005 relating to the exclusion of guns from private property do not constitute land use regulations, within the meaning of the Religious Land Use and Institutionalized Persons Act of 2000, chapter 2000cc of title 42 of the United States Code. OPINION MINGE, Judge Appellant State of Minnesota challenges the district court`s grant of a permanent injunction barring enforcement of certain provisions of the 2005 Minnesota Citizens` Personal Protection Act (the 2005 Act) against respondent churches. Appellant contends that the district court erred by (a) concluding that the 2005 Act excessively burdens the rights of respondents protected by Minn. Const. art. I,

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