Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 3 of 36
campuses” before the houses of worship exclusion went into effect. Id. ¶ 43. In addition, to “ensure the ability to protect the Church and its worshippers in case of violent confrontation, Pastor Spencer allowed churchgoers to carry concealed firearms at both of the Church’s New York campuses before” the exclusion was enacted. Id. ¶ 45.
Plaintiffs allege that the place of worship exclusion “is a compendium of constitutional infirmities” that infringes on Pastor Spencer’s and the Church’s “rights to freely engage in religious exercise, to exercise autonomy over the Church’s internal affairs, and to carry firearms to ensure the safety of all persons on the Church’s premises.” Id. ¶ 55. Plaintiffs seek declaratory judgment, monetary damages, and injunctive relief. Id. at 24–25.[1]
The relevant portion of the new statute adds to the Penal Law, as relevant here:
§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a sensitive location. 1. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location. 2. For the purposes of this section, a sensitive location shall mean: … (c) any place of worship or religious observation ….[2]
- ↑ Unless noted otherwise, page references refer to the number that appears in the footer of each page of the document.
- ↑ Section § 265.01-e(3) provides that the restrictions set forth in § 265.01-e(1)–(2) do not apply to, among others, “law enforcement who qualify to carry under the federal law enforcement officers safety act,” persons who are “police officers” as defined in the criminal procedure law, persons who are “designated peace officers,” as well as “security guards” and “active-duty military personnel.” See § 265.01-e(3).
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