The judge cited Constitutional privilege.
QUICK FACTS:
- A judge in New York has stepped in to stop New York officials from banning firearms in places of worship.
- Judge John L. Sinatra Jr., ruled Thursday that the restriction, which makes it a felony to carry a gun to a religious institution or event, is in contradiction to the Constitution and Supreme Court precedent.
- “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,” the judge wrote in his injunction order.
LAW ENFORCEMENT RESPONSE TO THE ORDER:
- Erie County District Attorney John Flynn responded to news of the court’s decision outlining law enforcement’s responsibility: “Late yesterday evening, our office was notified that United States District Judge Hon. John L. Sinatra, Jr. issued a decision and order, which granted the plaintiff’s motion for a preliminary injunction. Previously, Judge Sinatra issued a temporary preliminary injunction pending his decision on the motion.”
- “Effectively immediately, our office is prohibited from enforcing all of NY Penal Law §265.01-e(2)(c) (places of worship or religious observation) and the regulations, policies, and practices implementing it. The preliminary injunction remains in effect pending the disposition of the case,” Flynn said.
BACKGROUND:
- Thursday’s order was the result of a ruling in the case Hardaway v. Nigrelli, which was brought by two Baptist Pastors who previously carried firearms while on their church property for self-defense.
- A separate lawsuit from the state appealed the judge’s order to put a hold on state licensing rules for handguns.
