Defending New York’s restriction on carrying firearms in places of worship.
Court: Southern District of New York
Issue at Stake: Places of worship as sensitive places
Summary:Goldstein v. Hochul is a case challenging the restriction on carrying firearms in places of worship in New York’s Concealed Carry Improvement Act.
Everytown filed an amicus brief in the United States District Court for the Southern District of New York in defense of New York’s restriction. The brief argues that the places of worship regulation is constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. Bruen. It explains that the relevant focus for historical inquiry is the second half of the 19th century and later periods, and that firearm regulations during these periods demonstrate the constitutionality of New York’s law. The brief further explains how Bruen’s analysis reveals that even a small number of laws can be sufficient to establish a tradition of firearm regulations—a standard the state’s robust record exceeds.
Decision: On March 28, 2023, the court denied the plaintiffs’ motion for a preliminary injunction, concluding (among other things) that plaintiffs were unlikely to succeed on the merits of their Second Amendment claim.
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