Court Vacates Law Banning Guns in Church as Violation of First Amendment

AmmoLand ^ | December 19, 2023 | Dean Weingarten

[marktwain]

A three-judge panel in the Court of Appeals for the Second Circuit has vacated the New York law banning the carry of firearms in church, citing the First Amendment.

After the June 22, 2022, publishing of the Bruen decision on the Second Amendment, several states took active measures to defy the Supreme Court. The foremost of these was New York. Governor Kathy Hochul took the extreme measure of convening an extraordinary session dedicated to circumventing the Bruen decision, which she called “reckless and reprehensible.” From ny.gov:

“The Supreme Court’s reckless and reprehensible decision to strike down New York’s century-old concealed carry law puts lives at risk here in New York,” Governor Hochul said. “Since the decision was released, I have been working around the clock with our partners in the legislature to craft gun safety legislation in response to this ruling that will protect New Yorkers. My number one priority as Governor will always be to keep New Yorkers safe.”

New York is one of a handful of states with severe restrictions on the ownership and carry of firearms in the United States. Evidence is decidedly mixed as to whether such laws have any effect on overall homicide or suicide rates.

The laws were passed with excessive speed. They were quickly challenged as violating the Second Amendment as restored by the Supreme Court in the Heller decision in 2008, applied to the states in the McDonald decision in 2010, confirmed to apply to all bearable arms, modern and ancient, with the Caetano decision in 2016, and finally, refined in the Bruen decision to stop lower courts from interpreting the Second Amendment into non-existence.

Several preliminary injunctions were granted with the understanding that many, if not most, of the plethora of unusual restrictions passed

[marktwain]

The decision upholding the right of churches to decide whether people may or may not be armed in church was published on December 8, 2023.

[MtnClimber]

You know who should be disarmed? Governor Kathy Hochul’s security detail. She should lead by example.

[Gay State Conservative]

There are at least several states that don't even try to *hide* their contempt of the 2nd Amendment. New York is obviously one...as is Massachusetts. Given that that Amendment is a very important one SCOTOUS should issue a sweeping decision in which it declares that most...if not all...state laws that infringe upon the right to keep *and* bear arms are unconstitutional.

[SheepWhisperer]

Ping

Thank you for keeping us informed.

Merry Christmas!

[Ex-Con777]

First Amendment. Hmmmm. They actually applied a separation of church and state principle.

EC

[bigfootbob]

Shouldn’t you be thanking marktwain, he posted the article?

[bigfootbob]

Good decision. With the mass insanity today this ruling provides peace of mind and comfort knowing you can be safe in church without worrying whether some crazed lunatic savage can come in unabated. I’d feel very comfortable attending a church being watched over by the kind and brave gentleman posted below.

[Nateman]

Armed man in church kills the killer.

[SheepWhisperer]

PROCON maintains a ping list, so I pinged him to the article to share with his list.

Is this wrong?

[Road Warrior ‘04]

More than ever the 2nd Amendment is needed! Arm up! Tyranny is at the doorstep! I might even say it’s inside the door and ready to pounce mercilessly!

[Openurmind]

“First Amendment. Hmmmm. They actually applied a separation of church and state principle.”

Funny how this is applied selectively from both sides of these arguments. One minute there isn’t any the next there is. I would say that in this and all cases concerning Church or Temple holy ground, unfettered and unquestioned Sanctuary and sovereignty from the state should never be violated in any circumstances period. The state has no authority to impose anything at all on holy ground.

[MayflowerMadam]

“I’d feel very comfortable attending a church being watched over by the kind and brave gentleman posted below.”

I definitely feel safe in TN churches since I’m confident that many are packing. Some are blatant about it, and I’m sure there are others who aren’t.

Doors and parking lots are guarded.

[MayflowerMadam]

I love that guy. Wasn’t it him and his daughter who brought this to an end?

In another church shooting, cameras in the back of the sanctuary CCTV caught it all. Little old ladies were reaching in to their purses for their guns. It warms the heart.

[bigfootbob]

No, I would just give credit where credit is due.

[Deaf Smith]

See: West Freeway Church of Christ shooting

December 29, 2019

[Deaf Smith]

See: West Freeway Church of Christ shooting

December 29, 2019

[chopperk]

Hochul is like the other Marxist Dems; to work day and night to take away God given freedoms.

[Stepan12]

Suppose someone chooses to shoot up a church? Churches need protection in this Christian bashing era.

Killing the Jews and bashing the Christians is our loathsome culture these days.

[Nateman]

That shooting is the one I thought I linked to. The link I had is about the man who ran out of his house with an AR-15 and stopped a shooting in progress. I still remember that Crowder got the first interview with that man. The link goes into detail about how his life has changed. You might need tissue if you read it.

[Nateman]

....I love that guy. Wasn’t it him and his daughter who brought this to an end?

He ran outside , barefoot , with an AR-15 after he heard the shooting. What happened next is an amazing story.