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 case was consolidated with Antonyuk v. James, Christian v. Nigrelli, and Spencer v. Nigrelli for argument before the Second Circuit. In its December 8, 2023 decision, the Second Circuit addressed the places of worship provision alongside the broader CCIA challenge.^[4] The court found that the state had not established a sufficient historical basis for a blanket prohibition on firearms in places of worship and struck down the provision. On September 4, 2024, the Hardaway proceedings concluded via a stipulated judgment preserving the preliminary injunction against enforcement of the places-of-worship ban. The Second Circuit's later October 24, 2024 post-Rahimi opinion in Antonyuk v. James did not disturb this result, and the Supreme Court's April 7, 2025 denial of certiorari in Antonyuk left the injunction in place.

Practical Effect

Following the court's ruling, licensed concealed carry holders in New York may carry firearms in places of worship unless the individual house of worship explicitly prohibits firearms on its premises. Churches, synagogues, mosques, and other religious institutions retain the authority to ban firearms through posted signage or express communication, but the state cannot impose a blanket prohibition.^[5] This outcome was supported by amicus briefs from religious leaders and state attorneys general, including the Texas Attorney General, who argued that the decision of whether to permit firearms belongs to religious institutions, not the state.^[6]