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

Gun News

BUFFALO, NY (November 3, 2022) – 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.”

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

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. 

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

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