Spencer v. Nigrelli

Defending New York’s restriction on carrying firearms in places of worship.

Courts: Western District of New York; Second Circuit

Issue at Stake: Places of worship as sensitive places

Summary: Spencer v. Nigrelli is a Second Amendment challenge to the restriction on carrying firearms in places of worship in New York’s Concealed Carry Improvement Act.

Everytown filed amicus briefs in the U.S. District Court for the Western District of New York and in the Second Circuit in defense of New York’s restriction. The briefs argue 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. They explain that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider earlier and later laws. They further explain that, under Bruen, even a small number of laws can be sufficient to establish a tradition of firearm regulation; and although Bruen does not require those laws to be continuous, the historical restrictions on which the government relied persisted for decades.

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