Edited by: TJVNews.com
A judge has issued a temporary restraining order against New York State’s law banning firearms from shuls and other houses of worship, as was reported by the Yeshiva World News web site.
YWN also reported that eight days after the Supreme Court struck down New York’s “proper cause” requirement for concealed carry as unconstitutional, the state passed new laws barring concealed carry holders from many areas, including houses of worship.
On October 6th, the Associated Press reported that U.S. District Judge Glenn Suddaby halted key provisions of New York’s latest attempt to restrict who can carry a handgun in public and where firearms can be brought, saying multiple parts of a law the state passed this year are unconstitutional.
The AP report indicated that the judge focused on multiple parts of the law, saying licensing requirements — like a rule requiring applicants to turn over information about their social media accounts — went too far.
“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense … into a mere request,” wrote Suddaby, who sits in Syracuse, as was reported by the AP.
The ruling would keep restrictions in place that bar firearms from being carried into schools, government buildings and places of worship, but the judge said the state couldn’t ban guns from other sensitive locations, such as Times Square, the AP report indicated.
The judge gave the state three business days to seek emergency relief before a federal appeals court.
The rules were part of a sweeping gun law that went into effect Sept. 1 designed to protect public safety while adhering to a Supreme Court ruling that invalidated New York’s old system for granting permits to carry handguns outside the home.
Gov. Kathy Hochul and the state Legislature approved the law this summer shortly after the high court struck down a state law that required people to demonstrate an unusual threat to their safety to qualify for a license to carry a handgun outside their homes, as was reported by the AP.
There have been several federal challenges to the law from gun rights advocates who argue the legislation violates the Second Amendment and free speech rights.
The AP also reported that this lawsuit was bought by six gun owners from upstate New York who claim the law infringes on their constitutional rights. Most of the plaintiffs have licenses to carry and argue the law keeps them from holding a weapon in designated sensitive places like state parks or church.
On October 13th, two pastors filed a lawsuit against the law banning firearms from houses of worship, saying they “wish to exercise their fundamental, individual right to bear arms in public for self-defense by carrying concealed firearms on church property in case of confrontation to both themselves and their congregants,” as was reported by YWN.
New York argued in court that the plaintiffs lacked standing to file such a lawsuit against the state, but the judge wasn’t buying it.
District Court Judge John L. Sinatra wrote in his ruling that “[t]he right to self-defense is no less important and no less recognized at these places.” He ordered New York to immediately cease enforcing its law until the plaintiffs’ motion for a preliminary injunction is decided upon.
