Federal Judge Blocks NY States’ Place-of-Worship Gun Ban

Religion Gun iStock-970957434
iStock-970957434

BELLEVUE, WA – -(AmmoLand.com)- A federal court judge in Buffalo, N.Y., has granted a temporary restraining order in a case filed by the Second Amendment Foundation that challenges New York State’s new concealed carry law, declaring the state’s “place of worship” restriction is unconstitutional.

“Ample Supreme Court precedent addressing the individual’s right to keep and bear arms—from Heller and McDonald to its June 22nd, 2022, decision in Bruen—dictates that New York’s place of worship restriction is equally unconstitutional,” wrote District Judge John L. Sinatra, Jr.

The order is effective immediately and prohibits New York’s enforcement of this provision.

“We’re delighted with the quick action by Judge Sinatra,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We believe this law to be wholly in violation of not only the letter but the spirit of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen.”

Joining SAF in the case, which is known as Hardaway v. Bruen, is the Firearms Policy Coalition, Inc., on behalf of Bishop Larry A. Boyd of Buffalo and Rev. Dr. Jimmie Hardaway, Jr., of Niagara Falls.

“As we noted in our petition for the TRO,” Gottlieb observed, “Reverend Hardaway has almost always carried a firearm for self-defense on Sundays and at services on the premises of the churches he has pastored. New York has now stripped Reverend Hardaway, Bishop Boyd, and other New Yorkers of their ability to defend themselves should the need arise at their places of worship. The restrictive new statute prevented both men from doing so.”

The motion was filed earlier this week by attorneys David H. Thompson, Peter A. Patterson, and John W. Tienken with Cooper & Kirk, PLLC in Washington, D.C., and Nicolas J. Rotsko at Phillips Lytle, LLP in Buffalo. They represent the plaintiffs in the original lawsuit filed only a week ago.


Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Second Amendment Foundation

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nrringlee

In light of recent history the idea that government can restrict the most vulnerable areas from self defense is absurd. Church shootings are a real thing. Out here in real America our places of worship have teams of folks who carry and practice together. WE are more concerned about lone wolf operators and not necessary ISIS or the DNC but those threats are real as well because we are close to the non-border.

Gun free zones are kill zones. Those are the facts of the case and they are not in dispute.

Duane

More and more a good thing

swmft

still waiting on a court to say a right is a right