A federal judge placed a temporary restraining order on a provision of a New York gun law Thursday that made it a felony for a person with a concealed carry gun license to bring a firearm into churches or other houses of worship.
The judge presiding over the case wrote that the state law failed the test established in New York State Rifle & Pistol Association v. Bruen, a 6-3 Supreme Court decision in June that held the state’s former “proper cause” standard to obtain a concealed carry permit was unconstitutional.
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Judge John L. Sinatra Jr., an appointee of former President Donald Trump, wrote, “The Constitution requires that individuals be permitted to use handguns for the core lawful purpose of self-defense,” according to court records.
Concealed CarryFEDERAL APPEALS COURT TEMPORARILY RESTORES NEW YORK GUN LAW
“In Bruen, the Court made the Second Amendment test crystal clear: regulations in this area is permissible only if the government demonstrates that the regulation is consistent with the Nation’s historical tradition of sufficiently analogous regulations,” Sinatra added.
The lawsuit was brought by Erie County residents the Rev. Dr. Jimmie Hardaway Jr. and Bishop Larry A. Boyd, a pair of religious leaders who want to “exercise their fundamental individual right to bear arms” on church property in the event of a dangerous situation that arises.
“New York’s exclusion violates ‘the general right to publicly carry arms for self-defense.’ It, too, is one of the policy choices taken ‘off the table’ by the Second Amendment,” Sinatra wrote.
New York’s law that went into effect in September, known as the Concealed Carry Improvement Act, prohibits firearms in civic locations such as polling locations but also in houses of worship. However, Sinatra’s ruling allows concealed carry gun owners in Erie County to bring pistols and handguns into houses of worship for now, according to District Attorney John Flynn.
But Flynn, who is a defendant in the case, will have the chance to appeal the decision that halted this portion of the CCIA.
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A lower court judge previously blocked much of the CCIA on Oct. 6, but the 2nd U.S. Circuit Court of Appeals quickly reversed the decision on Oct. 12 after the state appealed.
Parties for this case are slated to be back in court on Nov. 3.
