BUFFALO, N.Y. — A federal judge in Buffalo has temporarily halted the portion of New York's new concealed carry laws that applies to houses of worship.
Judge John Sinatra said the grounds for his decision Thursday were “ample Supreme Court precedent” regarding the right to bear arms and the state’s failure to demonstrate that such regulation is consistent with the nation’s historical tradition.
The temporary restraining order granted by Judge Sinatra only applies to churches, synagogues, mosques, etc., which were deemed to be “sensitive locations” under the Concealed Carry Improvement Act or CCIA. The law made it a criminal offense to possess a gun in a place of worship or religious observation.
Those locations were the focus of a lawsuit filed on Oct. 13 by two Western New York pastors, citing the need to defend themselves and their parishioners should someone intend to cause harm.
Pastor Jimmie Hardaway Jr. of Trinity Baptist Church in Niagara Falls and Bishop Larry Boyd of Open Praise Full Gospel Baptist Church in Buffalo said in court filings that the state’s ban violated their Second Amendment rights.
Pastor Hardaway told 2 On Your Side that previous to the state’s ban, he carried a concealed weapon and encouraged his congregation to do the same, recalling the racist 2015 shooting of black parishioners at a Charleston, South Carolina church.
“It's a great concern. It's not anything partisan or political it's just what we want to do in our congregation to feel safe,” Pastor Hardaway said.
He added the location of his church was also a motivator, having dealt with safety incidents in the past involving vagrants.
Thursday’s decision will apply to other faith leaders and congregations across New York, while the lawsuit plays out. There are also several other ongoing legal challenges to the state’s new laws.
Pastor Hardaway stressed the desire to carry a concealed weapon is not about “being Gunsmoke,” referring to the western drama series about a frontier lawman who sought out bad guys, but rather Pastor Hardaway states it’s about self-defense.
After the state’s laws were enacted, the pastor said he stopped carrying to abide by the law, even while suing the state.
“Sadly, you hear some people say well I’m going to carry anyway and you're going to break the law. We don't want anyone to break the law we want to do things right; we want to do things law-abiding and I think the point is being missed here as to what we're trying to do,” Pastor Hardaway said.
All parties are scheduled to be back in court on Nov. 3.
Erie County District Attorney John Flynn, whose office is a defendant in the lawsuit because they are tasked with prosecuting those who’d choose to break the state’s new gun laws, told 2 On Your Side Thursday that he’s instructed police agencies to abide by the ruling.
That means, for the time being, no one in Erie County will be charged in relation to carrying a concealed gun in a place of worship.
The defense will have the right to appeal the decision to temporarily halt this part of the law.
Read the full temporary restraining order below: