Gun range’s ban on Muslims draws fire

In the five months since Jan Morgan banned Muslims from her gun range in Hot Springs, Ark., business has boomed and predictions of a lawsuit brought by federal civil rights enforcers have so far proved inaccurate.

Morgan, who claims keeping Muslims out of her Gun Cave Indoor Firing Range is a matter of public safety and not a constitutional issue, says she made the decision in September after two customers she deemed suspicious visited. She said their furtive behavior and cellphone ringtones of “Allahu Akhbar” prompted her to revise her range’s policies.

“We are dealing in lethal firearms,” Morgan told FoxNews.com. “I’m not going to let a Nazi shoot in here, or a Ku Klux Klan member in here, either.”

Morgan said she excludes those she believes to be Muslim based on their names. She says business is up, but she has gotten threats, which she brushed off.

But Morgan’s “no Muslims” stance has her in the legal crosshairs of at least two groups.

The Council on American-Islamic Relations “(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,” the letter added.

The American Civil Liberties Union (ACLU) of Arkansas also has petitioned federal authorities to do something about Morgan’s rules. Executive Director Rita Sklar told FoxNews.com Morgan’s claim the gun range was acting out of legitimate caution is a dog that doesn’t hunt.

“It’s discrimination based on religion, or, in this case, perceived religion and is a violation of the 1964 Civil Rights Act,” Sklar said. “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.”

Legal experts say Morgan may be within her rights if her gun range is deemed a private club. Federal law bars discrimination or segregation in places of public accommodation or those that affect interstate commerce. In a legal challenge, Morgan might have to prove that her business does not fall under federal civil rights regulation.

“Federal law forbids religious discrimination by places of public accommodations,” said Cornell University Law School Professor Michael Dorf. “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,” Dorf added.

In the meantime, Morgan is not budging. She likened offering target practice to potential terrorists to flight schools offering lessons on simulators to the 9/11 terrorists. And because firearms are involved, she said her case is not analogous to cases in which private businesses have been sanctioned for refusing to serve other groups, such as gays.

“One mistake can cost another human being’s life,” she said. “There’s no room for mistakes when you’re handling firearms. We aren’t just refusing to make a wedding cake here.”

Morgan claims business has “quadrupled” with people from out of state coming to the range and some even offering donations for what they predict will be a legal battle.

“I am the infidel your Imam warned you about,” Morgan wrote under an image of her packing heat.

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