The United States District Court for the Western District of New York 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 HIS Tabernacle Family Church in Horseheads, NY.

Attorney for the plaintiffs in the lawsuit, Erin 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.” 

Ryan Gardner, Council at First Liberty Institute said, “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 actions, New York must stop this disarming its religious citizens and may no longer leave houses of worship vulnerable to violence.

Semi-Auto Gun Ban is Challenged in NY!

A federal lawsuit supported by the Second Amendment Foundation and Firearms Policy Coalition has been filed in New York, challenging the state’s ban on so-called “assault weapons.”

The complaint was filed in U.S. District Court of the Southern District of New York, on behalf of New York residents J. Mark Lane of Larchmont, NY and James Sears of Irving, NY.

Named as defendants are New York State Attorney General Letitia James, State Police Supt. Steven A. Nigrelli and Westchester County District Attorney Miriam E. Rocah, in their official capacities.

The plaintiffs’ attorney Alan M. Gottlieb said, “The issue in this lawsuit is very plain. Both Sears and Lane are law-abiding New York residents who wish to own modern semi-automatic sport-utility rifles such as the AR-15, for lawful purposes including target shooting and home defense. Such rifles are in common use across the country, yet in the Empire State, citizens face the threat of arrest, confiscation, prosecution, fined and imprisonment for lawfully using such rifles.” 

The lawsuit alleges that when the Second Circuit Court previously upheld New York’s Semi-Auto Gun Ban in 2015, the court relied on a two-step test that has since been rejected by the U.S. Supreme Court in its decision as “one step too many.” Because the Second Circuit Court concluded that so-called “assault weapons” at issue are in common use, it should have held the New York ban violates the Second Amendment. This new action will allow the Second Circuit Court to correct the situation. 

The complaint seeks a declaratory judgment that Lane and Sears have a fundamental right to keep and bear arms, and that the ban on common semi-automatic firearms by New York law is a violation of rights guaranteed by the Second and Fourteen amendments. Plaintiffs are also asking for a permanent injunction on the enforcement of the New York ban.