No photo ID, no buying gun, U.S. tells Amish man But being photographed would violate his faith

The Amish don't allow themselves to be photographed, especially in posed situations. Some allow candid shots in natural settings. The Amish don't allow themselves to be photographed, especially in posed situations. Some allow candid shots in natural settings. Photo: Jim Utton Photo: Jim Utton Image 1 of / 1 Caption Close No photo ID, no buying gun, U.S. tells Amish man 1 / 1 Back to Gallery

An Amish man who wants to buy a gun for self-defense says the photo ID required to do so violates both his religious beliefs and his constitutional right to bear arms.

Andrew Hertzler,of Lancaster County, Pa., is suing the federal government after he tried to purchase a gun in June, but was turned down by the dealer because his state-issued ID lacked a photo.

The Amish faith forbids followers from being photographed in posed situations. Some allow their pictures to be taken in a natural setting.

Hertzler, according to a copy of the suit obtained by the Washington Post, is an "active and practicing" member of the community; his "parents, grandparents, and siblings are all active and practicing Amish"; and he "has a sincerely held religious belief that prevents him from knowingly and willingly having his photograph taken and stored."

Federal firearm laws require photo identification when purchasing a firearm.

According to the lawsuit: "Mr. Hertzler confronts Hobson's choice: either forego his constitutional right to keep and bear arms in defense of himself and his home, or violate his religion," the suit read. Yet: "The exercise of one Constitutional right cannot be contingent upon the violation or waiver of another."

Hertzler's need for a gun for self-defense may fly in the face of the Amish belief in nonresistance, which prevents the Amish from serving in the military, law enforcement or in any other position that requires them to use firearms against other people.

On the other hand, many Amish hunt and use guns to shoot pests such as the groundhogs that eat their crops.

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