WNY Baptist ministers filing federal lawsuit over NYS ban on guns in place of worship

BUFFALO, N.Y. (WKBW) — On Thursday, two Western New York congregation leaders alongside Firearms Police Coalition and Second Amendment Foundation filed a lawsuit against New York State.

The plaintiffs are challenging the state’s law and regulation banning guns in places of worship or places of religious observation.

The two WNY congregational leaders, Pastor Jimmie Hardaway with Trinity Baptist Church and Bishop Larry Boyd with Open Praise Full Gospel Baptist are filing this against Kevin Bruen, who recently resigned as Superintendent of the New York State Police, Niagara County District Attorney, Brian Seaman, and Erie County District Attorney, John Flynn.

According to the 49-page lawsuit, the ban denies the plaintiffs and “other typical law-abiding individuals” from carrying loaded handguns “in case of confrontation for immediate self-defense in a place of worship that would otherwise permit them to carry.”

The complaint notes that both Hardaway would typically carry a concealed firearm at Trinity Baptist, particularly on Sundays and during services.

“Reverend Hardaway has carried both for self-defense and because he feels a unique obligation to his congregants as Pastor to be prepared in case of confrontation. Trinity Baptist is in a neighborhood that has struggled with violent incidents,” the complaint argues.

It is also noted Boyd would carry a concealed firearm at Open Praise’s on Sundays and during services. “Open Praise is in a neighborhood that has struggled with crime, violence, and gang-related issues,” the complaint argues.

The plaintiffs also argue that because of tragic shootings in churches across the country, specifically in Charleston in 2015, Boyd has even more of a desire to carry for self-defense.

Boyd and Hardaway, the complaint argues, are both law-abiding, responsible gun owners.

7 News did reach out to Boyd and Hardaway for comment, but was directed to their attorneys, Nicolas Rotsko and Pete Patterson. 7 News reached out to them, but have not heard back.

7 News also reached out to the defendants. A spokesperson for the Erie County’s District Attorney’s office said Flynn would not comment on pending litigation.