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Breaking: Federal Court Blocks New York State Ban on Firearms in Houses of Worship

December 29, 2022

News Release
For Immediate Release: 12.29.22
Contact: Peyton Luke,
Direct: 972-941-4453 

Breaking: Federal Court Blocks New York State Ban on Firearms in Houses of Worship
Lawsuit challenged law adopted by NY legislature just days after Supreme Court struck down numerous state restrictions on firearms

Buffalo, NY— The United States District Court for the Western District of New York today issued a preliminary injunction against the state of New York, stopping the state’s prohibition on firearms at houses of worship.  A lawsuit challenging the law was filed by First Liberty Institute and the law firms Clement & Murphy PLLC and Ganguly Brothers PLLC on behalf of His Tabernacle Family Church, a nondenominational Christian church in Horseheads, New York, founded by Pastor Micheal Spencer.

You can read the order here.

Erin Murphy, Partner at Clement & Murphy said, “We’re pleased the court recognized that no American should be forced to sacrifice one constitutionally protected freedom to enjoy another.  Houses of worship have a constitutionally protected freedom to decide for themselves whether to allow legally possessed firearms into their facilities.”

“Singling out houses of worship for total disarmament demonstrates hostility toward religion, leaves them defenseless to rebuff violent attacks, sticks the state’s nose into how religious services are conducted, and defies at least two recent Supreme Court rulings against New York.  Thanks to the court’s action, New York must stop disarming its religious citizens and may no longer leave houses of worship vulnerable to violence,” added Ryan Gardner, Counsel at First Liberty Institute.

In his order, Judge John Sinatra said, “Plaintiffs have demonstrated that the State permits countless other private actors hosting secular activities to do what a house of worship may not. The houses of worship exclusion is not a neutral law of general applicability.”

In late 2020, the Supreme Court issued its opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, chiding New York for singling out religious groups and restricting how they worship in violation of the First Amendment.  And in June 2022, the Court issued its opinion in New York State Rifle & Pistol Association v. Bruen, invalidating New York’s unprecedented effort to suppress the Second Amendment right to carry a firearm outside the home.  Just days later, New York enacted expansive new laws that defy both of those rulings by establishing a total ban on carrying firearms in houses of worship.  New York now imposes criminal liability on any person who carries a firearm into a place of worship regardless of whether that person possesses a license to carry a firearm under New York law, and regardless of whether the religious community would prefer to authorize congregants to carry a firearm.


About First Liberty Institute

First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

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