Falls pastor challenges state law barring guns in churches

Rick Pfeiffer -, Niagara Gazette, Niagara Falls, N.Y.
·5 min read
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Oct. 20—BUFFALO — A Niagara Falls pastor is suing in U.S. District Court in Buffalo to block a provision of New York's new Concealed Carry Improvement Act (CCIA) that bars individuals from bringing firearms into places of worship.

Pastor Jimmie Hardaway Jr., of Trinity Baptist Church, 1366 South Ave., is being joined by Rev. Larry Boyd, of Open Praise Full Gospel Baptist Church, on Fillmore Avenue in Buffalo, and two pro-gun groups, Firearms Policy Coalition, of La Vegas, Nevada and Second Amendment Foundation, of Bellevue, Washington, in seeking a temporary restraining order to block enforcement of the places of worship restriction. The plaintiffs are also seeking to have the entire CCIA struck down as unconstitutional.

The defendants in the case are New York State Police Superintendent Kevin Bruen, Niagara County District Attorney Brian Seaman and Erie County DA John Flynn.

The lawsuit has been assigned to U.S. District Court Judge John Sinatra. However, early Wednesday evening, New York Attorney General Letitia James, on behalf of Bruen, filed a motion seeking to have the case removed from Sinatra, who is already overseeing two other constitutional challenges to the CCIA.

In her motion, James charges that Hardaway and the other plaintiffs in the case are seeking a tactical advantage, sometimes called "judge shopping", with the case directed to Sinatra, an appointee of former President Donald Trump.

Sinatra has scheduled an expedited hearing in the case for this afternoon. It's not clear if James' request for a new judge will delay that proceeding.

Hardaway and the other plaintiffs, argue they will suffer irreparable harm if the places of worship restriction is not blocked. In an affidavit accompanying the request for the injunction, Hardaway acknowledges that he is a member of the two pro-gun groups involved in the case.

The pastor also says that he is licensed to carry a handgun in New York.

"Prior to the enactment and enforcement of the Place of Worship Ban, I would consistently carry a firearm on Trinity Baptist Church's premises," Hardaway said. "I would intend to keep carrying for self-defense and to keep the peace at Trinity Baptist Church."

Hardaway says his church has an "open-door policy" that carries risk over "who will walk in the door for services."

"I will not always know if these strangers come with violent plans," Hardaway said. "I am particularly worried about this because of the violence and crime that occurs in Trinity Baptist's neighborhood, especially in Gluck Park."

In support of Hardaway's claims, his attorneys, in their lawsuit complaint, cite a a May 26, 2021 Niagara Gazette news story on crime in the vicinity of Gluck Park. The story does not mention Trinity Baptist Church.

Hardaway also says, in his affidavit, that the "horrific murders", in 2015, of nine parishioners at Emanuel African Methodist Episcopal Church in Charleston, South Carolina has stiffened his resolve to "carry for self-defense and to keep the peace at Trinity Baptist stronger."

"Since that tragedy, I have almost always carried a firearm for self-defense on Sundays and at other services," Hardaway said. "I would carry again but for the Place of Worship Ban and the threat of criminal penalties."

Hardaway also said he encouraged his congregants to carry firearms on church property.

The pastor charged that he is "suffering diminished personal safety every time I go to church."

In response to the request for a temporary restraining order, Niagara County Attorney Claude Joerg, representing Seaman in the proceedings, submitted an affidavit claiming the DA "does not oppose entry" of an injunction, "for the purpose of furthering a judicial determination as to the constitutionality" of the CCIA.

"As of the date of this affidavit, neither any of the assistant district attorneys working in the Niagara County District Attorney's Office nor District Attorney Seaman have had any occasion to enforce (CCIA)," Joerg said. "I am also aware that the Niagara County Legislature passed a resolution on Sept. 13, 2022 in opposition to the actions taken the State of New York restricting Second Amendment rights."

In a filing with the court, Flynn said he had "not yet been (properly) served" in the case. However, the Erie County DA said we was "sworn to enforce the (criminal) laws of the State of New York", including the CCIA.

"I note, however, that to the best of my knowledge, to date I have received no referrals from any police agency or other persons requesting that I prosecute anyone for violation of any provision of (CCIA)," Flynn said in an affidavit.

Flynn said he would leave the defense of the constitutionality of the CCIA to the New York Attorney General.

In her response to the court, James said the pro-gun groups lacked the legal standing to seek the injunction or bring a suit against the CCIA. She made a similar claim against Hardaway and Boyd saying they have suffered no harm because they haven't violated the law not have they indicated that they will violate the law.

The attorney general said the CCIA does not violate the Second Amendment nor was it contrary to a recent Supreme Court decision that struck down parts of New York's former concealed firearm carry law. James said the place of worship restrictions were "consistent with a long and robust history of government prohibitions on firearms in sensitive places, and in places of worship specifically."