Many countries have been taking action to deal with the threat of Islamic terrorism. In America, it tends to feel like the U.S. Government under President Obama, does not seem to want to lift a finger to protect the citizens. Many people feel fearful, and are left to consider their own options. In Arkansas, one gun shop owner has made a decision, and is not budging.

According to Fox News Jan Morgan decided to declare her business a “Muslim-free” zone. Of course, leftist America went into a foaming frenzy. In particular, the Council on American-Islamic Relations (CAIR), sent a letter to Obama's embattled Attorney General Eric Holder. It read something like this.

“Given the recent spike in anti-Muslim rhetoric, including Islamophobic statements by government officials, community leaders and media outlets, death threats, and other bias incidents targeting Muslims, I urge you to investigate this matter soon. CAIR believes that systematically banning Muslims from a place of business is a violation of federal laws prohibiting racial and religious discrimination and will inevitably result in a hostile environment for ordinary Muslims in Arkansas.”

CAIR was not the only one ruffled. The American Civil Liberties Union, and its hit-or-miss defense of 'Liberty', also chose to petition authorities in the state of Arkansas. They claim it is “religious discrimination”, which they feel violates the 1964 Civil Right's Act.

“It isn’t based on that person’s behavior or anything they could reliably use that could be used to bar the person from the premises.”

Morgan has said she chose to make this decision based on two customers that seemed “suspicious” who came to her gun range. According to Morgan, the “furtive behavior” combined with ring tones that played “Allahu Akhbar”, forced her to make the decision to revise her policies. She feels because of the aforementioned issues, and the fact she is “dealing in lethal firearms”, it is a reasonable restriction.

Certainly, it is a tough call, but the rights of one's business should be sacrosanct. Some might argue that it can be protected under the idea that it is a “private club”. Cornell University Law professor Michael Dorf disagrees.

"A gun range that is generally open to the public but excludes Muslims - or any other group based on a forbidden classification - could not fairly say that everyone is a member except Muslims."

Mark Killenbeck, a Constitutional law professor at the University of Arkansas, is skeptical about the idea.

"The Court has held that truly private entities can engage in such discrimination but requires that they are truly and demonstrably private and that the club and its members have a 'common expressive purpose, There are ways that the owner might be able to make that claim, but I am skeptical."

The Independent Journal Review reports that Morgan has made at least two claims as to why she might be able to fight a challenge to her rule. She expresses that her concern about Muslims is legitimate, and if you base it off their scripture, it is.

She notes that 109 verses command hate, murder, and terror against anyone who is not a Muslim. Also, any “infidel” who refuses to be a Muslim. The other claim is legally based, though it sounds like a sketchy federal law, and it would put the Obama administration in a bit of a pickle. She claims her federal license, ironically, could be her saving grace.

"I have a federal firearms license…

The ATF informed us when we received the license that if we feel ANY reason for concern about selling someone a firearm, even sense that something is not right about an individual, or if we are concerned about that person’s mental state, even if they pass a background check, we do not have to sell that person a gun.

Two different ATF agents stressed that it is better to err on the side of caution.

In other words, a federal agency has given FFL’s discretion on firearms deals. An FFL can turn people away if there is any concern about their behavior and or plans for use of the firearm in the commission of a crime.”

The irony of all this, Morgan claims her business has "quadrupled" since it has happened, and donations to her potential need of a legal fund, have been pouring in.

What are your thoughts? Should Jan Morgan be allowed to stop Muslims from coming to her establishment? Is she wrong for banning them?

Leave your thoughts below.

Source 1 - Source 2

 

 

 

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