Federal Judge Again Blocks New York “Places of Worship” Handgun Carry Ban

BUFFALO, NY – Today, Firearms Policy Coalition (FPC) announced that United States District Judge John Sinatra, Jr. has issued a preliminary injunction against New York’s ban on guns in “any place of worship or religious observation.” The order in Hardaway v. Nigrelli, which is effective immediately and comes two weeks after a temporary restraining order was issued in this case, can be viewed at FPCLegal.org.

“For these reasons, New York’s place of worship exclusion ‘violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self defense needs from exercising their right to keep and bear arms,’” wrote Judge Sinatra in his opinion. “The State’s renewed opposition offers nothing to change the outcome. Thus, Plaintiffs remain likely to succeed on the merits of their constitutional claim.”

“Here, a stay pending appeal is not warranted,” he went on to write. “As discussed above, Plaintiffs’ constitutional rights are being violated absent a preliminary injunction. The State fails to establish irreparable injury in the absence of a stay. The balance of hardships and public interest weigh in favor of Plaintiffs, also as discussed above. Finally, it is Plaintiffs who have demonstrated that they are likely to succeed on the merits. Legislative enactments may not eviscerate the Bill of Rights. Every day they do is one too many.”

“We are thrilled that today the Court again recognized what FPC has been arguing since before Gov. Hochul and the foolhardy New York State Legislature even enacted this so-called Concealed Carry ‘Improvement’ Act,” said FPC Director of Legal Operations Bill Sack. “The right to bear arms outside the home for self defense is fundamental. Hard stop. It is not subject to the whims of statist idealogues or the legislative malarky of single party states.”

FPC is joined in this lawsuit by the Second Amendment Foundation.

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