A New York federal district court just issued a preliminary injunction putting on hold the state’s prohibition on firearms at houses of worship. 

First Liberty—along with the law firms Clement & Murphy and Ganguly Brothers PLLC—recently filed a federal lawsuit against the state of New York challenging its ban on firearms at houses of worship. We filed suit on behalf of His Tabernacle Family Church, a nondenominational Christian congregation in Horseheads, New York, founded by Pastor Micheal Spencer.

This ruling is an important victory for our clients as the court continues to consider the case. It makes clear that it’s wrong and unconstitutional to treat houses of worship more harshly while allowing comparable secular organizations to establish their own policies. Ryan Gardner, Counsel at First Liberty, explains:

“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 action, New York must stop disarming its religious citizens and may no longer leave houses of worship vulnerable to violence.”

In Judge Sinatra's order granting our client’s request for a preliminary injunction, he said:

“Plaintiffs have demonstrated that the State permits countless other private actors hosting secular activities to do what a house of worship may not. The houses of worship exclusion is not a neutral law of general applicability.”

In late 2020, the Supreme Court issued an opinion chiding New York for singling out religious groups for especially harsh occupancy restrictions. In June of this year, the Court’s opinion in New York State Rifle & Pistol Association v. Bruen, invalidated New York’s tight limits on the freedom to carry a firearm outside the home.

Even with these rulings, New York still enacted expansive restrictions on carrying firearms outside the home, including a total ban on carrying in houses of worship. Under its new laws, Home Depot or the local diner can decide whether to allow patrons to protect themselves, but churches and pastors cannot. That’s discriminatory and violates the law. The First Amendment protects houses of worship from exactly this kind of government overreach.

First Liberty will continue fighting for and protecting the constitutional freedoms of all houses of worship, including their right to decide for themselves whether to allow legally possessed firearms into their facilities. No American should be forced to sacrifice one constitutionally protected freedom to enjoy another.