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NY's Latest Gun Law Found Unconstitutional in Part

Keith G. Langer Dec. 31, 2022

Gov. Hochol loses again - the ban on church carry enjoined, while two OTHER injunctions against her law sought are settled:

"Plaintiffs argue that, by "prohibiting the exercise of a fundamental constitutional right in places of worship while permitting its exercise on other private property—and by denying to religious leaders the authority it reserves to other private property owners to permit firearms," the State "treats comparable secular activity more favorably than religious exercise and discriminates on the basis of religion." For this reason, and as set forth below, the houses of worship exclusion violates Plaintiffs' right to free exercise of religion guaranteed by the First Amendment. …

ORDERED that this preliminary injunction is stayed pending appeal, consistent with Defendant Nigrelli's representation at the December 19, 2022, status conference that the stays entered by the Second Circuit in Antonyuk v. Hochul, No. 22-2908, and Hardaway v. Nigrelli, No. 222933 permit Plaintiffs to designate individuals otherwise authorized by law to carry a firearm to do so on church premises for the purposes of keeping the peace, without regard to whether they fall within any of the exceptions set forth in N.Y. Penal Law § 265.01e(3)."


NY's new law is rapidly accruing successful challenges.