Hardaway v. James: Places of Worship Carry Rights

The Challenge

Hardaway v. Nigrelli (later restyled Hardaway v. James) was filed in the Western District of New York in October 2022 by Reverend Dr. Jimmie Hardaway Jr., pastor of Trinity Baptist Church in Niagara Falls, and Bishop Larry A. Boyd, pastor of Open Praise Full Gospel Baptist Church in Buffalo, along with the Firearms Policy Coalition and the Second Amendment Foundation.^[1] The plaintiffs challenged Section 265.01-e(2)(c) of the New York Penal Law, which designated "any place of worship or religious observation" as a sensitive location where licensed firearms carry was prohibited under the CCIA. Violation of the provision carried penalties as a Class E felony, punishable by up to four years in prison.^[2]

District Court Ruling

On October 20, 2022, U.S. District Judge John L. Sinatra Jr. granted a temporary restraining order blocking enforcement of the places of worship ban. Judge Sinatra found that the state had failed to demonstrate a historical tradition of prohibiting firearms in houses of worship, citing "ample Supreme Court precedent" regarding the right to bear arms.^[3] The court later converted the TRO into a preliminary injunction, ruling that the plaintiffs were likely to succeed on the merits. The pastors argued that the ban not only violated the Second Amendment but also infringed on their First Amendment right to make decisions about their own houses of worship.

Second Circuit Consolidation and Decision

The places-of-worship challenges proceeded alongside the broader CCIA litigation, including Antonyuk and Spencer. The resulting injunctions and statutory amendments must be read according to the parties, claims, and procedural orders involved. New York's current statutory text still lists places of worship as sensitive locations and provides an exception for persons responsible for security at the place of worship.^[4]

Practical Effect

Do not treat Hardaway as a blanket statewide permission for every license holder to carry in every place of worship. The current analysis depends on the statutory security exception, the scope of the applicable injunction or judgment, the person's role, and the property owner's policy. A place of worship may also prohibit firearms as a property owner.