2A Activists Win Preliminary Injunction In Challenge Of NY Church Gun Ban

Unconstitutional Law Justice Trial Judge Ruling iStock-gorodenkoff 1346156698
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BELLEVUE, WA – -(AmmoLand.com)-The Second Amendment Foundation has won a preliminary injunction against enforcement of a New York State ban on firearms in places of worship, with U.S. District Court Judge John L. Sinatra, Jr., declaring, “Plaintiffs’ constitutional rights are being violated…”

“We are gratified with the speed shown by the court in this matter,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It shows the court is taking this case very seriously.”

The case is known as Jimmie Hardaway, Jr. et.al. v. Steven A. Nigrelli, et.al. SAF and its fellow plaintiffs are represented by attorneys Nicolas J. Rotsko at Phillips Lytle LLP in Buffalo, NY, and David H. Thompson, Peter A. Patterson and John W. Tienken at Cooper & Kirk, PLLC in Washington, D.C. Joining SAF in this case are the Firearms Policy Coalition and two private citizens, Larry A. Boyd and Jimmie Hardaway, Jr.

In his 44-page ruling, Judge Sinatra noted New York’s new place of worship restriction is unconstitutional.

The state has not demonstrated that the prohibition, under its newly enacted gun law, adopted in reaction to the Supreme Court ruling in the Bruen case, that the ban is “consistent with the nation’s historical tradition of sufficiently analogous regulations.”

“The State’s exclusion is, instead, inconsistent with the Nation’s historical traditions, impermissibly infringing on the right to keep and bear arms in public for self-defense,” Judge Sinatra wrote.

“Clearly,” Gottlieb observed, “the court is not allowing New York to dance around the intent or the spirit of the Supreme Court’s ruling in the Bruen case, which is exactly what the state was trying to do with its new gun control law. “


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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musicman44mag

I wonder back in the days of Jesse James and Billy the kid if the people going to church had to check their gun at the door or if the preacher had a gun strapped to his leg under his clothes. Ah, the good old days. Bring em back, the experiment is over and civility lost. Too many people from other countries bringing their violence from their home countries into ours. It will never go away now especially when obiden invites more in. CONSTITUTIONAL CARRY mandatory for all of America. If we win and get the presidency in 2024 that… Read more »

RayJN

The Supreme Court ruled that law must be consistent with the practice in 1792. There were times you could be fined for NOT bringing your firearm to church. With that ruling why hasn’t NFA been struck down?

Bubba

I think that and the GCA of 68 are on the chopping block.
What would be icing on the cake is if it’s a Obama appointed judge that strikes them down and abolishes the ATF at the same time.

nrringlee

Our Natural Rights are not independent, arbitrary privileges granted to us by government. As soon as Progressives admit that eternal fact the sooner our smoldering civil war ends. Our Natural Rights are a comprehensive, mutually supporting whole of liberties granted to us by God. They wretch at that thought but that is tough. As such, our right to assemble, our right to worship, our right to speak and publish are all underwritten by our right to keep and bear arms. We are not talking hunting deer in church. We are talking defense against tyranny and tyrants. Think Progressives and New… Read more »

Bubba

Unfortunately, that’ll never happen. That would be the end of the Democrats entirely.

swmft

you forget they dont believe in god, so no rights exist

gregs

to quote freddie mercury, ?another one bites the dust, hey, hey.”

loveaduck

Taurus Judge was originally used by Brazilian judges and worn under the robe. Mine’s not under a robe.