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 November 9, 2022

New York law banning firearms in places of worship blocked by Judge

U.S. District Judge John Sinatra Jr. blocked a New York law banning firearms in places of worship, the Daily Wire reported. The Trump-appointed judge recognized such a law violated citizens' Second Amendment rights in his second swipe at the legislation.

"The court reiterates that ample Supreme Court precedent addressing the individuals right to keep and bear arms...dictates that New York’s new place of worship restriction is equally unconstitutional," Sinatra wrote in his decision to grant an injunction. The judge cited U.S. Supreme Court precedents, including the recent New York State Rifle & Pistol Association Inc. v. Bruen that confirmed the right to concealed carry based on a challenge to a 1911 New York law.

"The Constitution and the Bill of Rights are the Status quo – not 2022 legislation on the books for nine weeks," Sinatra went on. "Legislative enactments may not eviscerate the Bill of Rights," the judge added. "Every day they do is one too many."

Sinatra took aim at the Democrats who control the New York State legislature's radical policies. It had passed the new Concealed Carry Improvement Act to replace the older law after the Bruen decision, Fox News reported.

"The nation’s history does not countenance such an incursion into the right to keep and bear arms across all places of worship across the state," Sinatra continued. "The right to self defense is no less important and no less recognized at these places."

Last month, Sinatra placed a temporary hold on another aspect of the same legislation. He was springboarding off of the Bruen decision handed down from the nation's highest Court in June.

Justice Clarence Thomas wrote the majority opinion that cited New York's restrictions on concealed carry were violations of both the Second and 14th Amendments. "We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need," Thomas wrote.

"That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him," Thomas said.

"And it is not how the Second Amendment works when it comes to public carry for self-defense," Thomas added. “New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms," the justice said.

The original law included language requiring those who concealed carry firearms to be of "good moral character" and have "proper cause." The new law remains on the books as it faces several challenges, including the earlier one from Sinatra last month.

"In Bruen, the Court made the Second Amendment test crystal clear: regulations in this area is permissible only if the government demonstrates that the regulation is consistent with the Nation’s historical tradition of sufficiently analogous regulations… New York fails that test," Sinatra wrote in the first challenge. The judge said it was "inconsistent with the Nation’s historical traditions."

Democrats want to disarm law-abiding citizens. However, Constitutional rights are sacrosanct despite what the leftists in New York believe.

Written By:
Christine Favocci

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