{"id":3117,"date":"2023-04-28T14:54:54","date_gmt":"2023-04-28T19:54:54","guid":{"rendered":"https:\/\/nakedpolitics.net\/?p=3117"},"modified":"2023-04-28T14:54:55","modified_gmt":"2023-04-28T19:54:55","slug":"pastor-sues-ny-over-house-of-worship-gun-ban-warns-of-extreme-second-amendment-crackdown","status":"publish","type":"post","link":"https:\/\/nakedpolitics.net\/?p=3117","title":{"rendered":"Pastor Sues NY Over House of Worship Gun Ban, Warns of \u2018Extreme\u2019 Second Amendment Crackdown"},"content":{"rendered":"\n<figure class=\"wp-block-image size-full\"><img decoding=\"async\" src=\"data:image\/svg+xml,%3Csvg%20xmlns='http:\/\/www.w3.org\/2000\/svg'%20viewBox='0%200%20370%20247'%3E%3C\/svg%3E\" data-lazy-src=\"https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165.png\" alt=\"\" class=\"zeen-lazy-load-base zeen-lazy-load wp-image-3118\"\/><noscript><img decoding=\"async\" width=\"1024\" height=\"683\" src=\"https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165.png\" alt=\"\" class=\"wp-image-3118\" srcset=\"https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165.png 1024w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-300x200.png 300w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-770x514.png 770w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-370x247.png 370w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-293x195.png 293w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-120x80.png 120w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-240x160.png 240w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/04\/image-165-390x260.png 390w\" sizes=\"(max-width: 1024px) 100vw, 1024px\" \/><\/noscript><\/figure>\n\n\n\n<p>FILE &#8211; John Deloca, owner of Seneca Sporting Range, prepares to fire his 9mm semi-automatic handgun during a shooting demonstration at his gun range, June 23, 2022, in New York. A lawyer challenging provisions of New York&#8217;s new gun law argued that the state restricts people from carrying weapons in too many places, telling a federal judge Thursday, Sept. 29, 2022, the rules affect not only people on busy Manhattan streets but an upstate pastor on his church&#8217;s property. (AP Photo\/Bebeto Matthews, File)<\/p>\n\n\n\n<p>A pastor is suing New York State over a law prohibiting firearms at houses of worship, warning the government\u2019s provisions put his church at risk and hamper Second Amendment rights.<\/p>\n\n\n\n<p>Micheal Spencer, pastor of His Tabernacle Family Church, a Christian church in Horseheads, New York, argues the law unconstitutionally restricts churches\u2019 Second Amendment rights while still allowing businesses to decide for themselves whether a firearm is permitted on their property.<\/p>\n\n\n\n<p>Spencer is hoping to see a court overturn these gun regulations, citing the impact on his church\u2019s security ministry, which can no longer carry weapons to protect the property.<\/p>\n\n\n\n<p>Past threats and concerns have left the preacher and his church feeling vulnerable.<\/p>\n\n\n\n<p>\u201cOne of the challenges that we have is that we\u2019re on television now,\u201d Spencer said, noting the large size of his church. \u201cWhen somebody has \u2014 whether it be a psychological issue or a God-hating issue \u2014 we\u2019re probably the first ones [they go after].\u201d<\/p>\n\n\n\n<p>The preacher said he and his late wife not long ago received a message from someone who threatened to shoot them in the head. Other similar incidents have unfolded over the years.<\/p>\n\n\n\n<p>But Spencer said his biggest concern is the parishioners \u2014 and especially the children \u2014 who worship at the church.<\/p>\n\n\n\n<p>\u201cWe have a hundred to 160 children every single week at this church,\u201d he said. \u201cAnd you know, why in the world would we want to compromise the opportunity and ability \u2026 to protect the body of Christ against [threats], whether they be lunatic, whether they be demon-possessed, whether they just be individuals that are God-haters?\u201d<\/p>\n\n\n\n<p>Spencer said he believes he and his church have the \u201cprivilege and the right\u201d to protect themselves. And he said his church security team has always been well-trained and prepared for their duties.<\/p>\n\n\n\n<p>\u201cI don\u2019t like the fact that we have to, but the fact is, in today\u2019s world, we have to,\u201d he said of securing the property. \u201cAnd it\u2019s proven multiple times a year in America.\u201d<\/p>\n\n\n\n<p>Spencer\u2019s attorney, Jordan Pratt, senior counsel at First Liberty Institute, said some elements of the New York law make it \u201clegally problematic,\u201d highlighting the targeting of houses of worship. While churches and other religious arenas have these restrictions, he said secular businesses are permitted to make firearm decisions for themselves.<\/p>\n\n\n\n<p>Pratt gave a hypothetical situation where His Tabernacle Family Church disavowed its faith, kept the same leadership, and became a feel-good, for-profit coffee hour. In such a strange scenario, the sudden for-profit \u2014 with the same location and leaders \u2014 would be permitted to have firearms on its premises.<\/p>\n\n\n\n<p>\u201cIt\u2019s not just that we have a Second Amendment problem,\u201d Pratt said. \u201cWhat we have is a forced choice between First and Second Amendment rights.\u201d<\/p>\n\n\n\n<p>He continued, \u201cIf you wish to exercise your Second Amendment rights, then you cannot engage in worship, and that is deeply offensive.\u201d<\/p>\n\n\n\n<p>The attorney cited U.S. Supreme Court cases like&nbsp;<em>Roman Catholic Diocese of Brooklyn, New York v. Cuomo<\/em>, which dealt with occupancy limits during COVID-19, and&nbsp;<em>New York State Rifle &amp; Pistol Association v. Bruen<\/em>, which struck down previous New York gun restrictions, to note the high court has already made it clear New York has too vociferously violated residents\u2019 rights.<\/p>\n\n\n\n<p>It should also be noted a New York judge, in recent weeks, delivered a temporary hold and then a preliminary injunction&nbsp;<a rel=\"noreferrer noopener\" href=\"https:\/\/www.wxxinews.org\/local-news\/2022-11-06\/judge-extends-hold-on-nys-gun-ban-in-houses-of-worship\" target=\"_blank\">against the law<\/a>&nbsp;until a final ruling on the matter; the New York law makes it a felony for a person with a concealed-carry license to have a gun at \u201cany place of worship or religious observation,\u201d&nbsp;<a rel=\"noreferrer noopener\" href=\"https:\/\/www.cnn.com\/2022\/10\/21\/politics\/new-york-guns-houses-of-worship\" target=\"_blank\">according to CNN<\/a>.<\/p>\n\n\n\n<p>Pratt also noted how many church assaults and attacks have been at the hands of someone outside of the house of worship who has come in and open-fired. This creates further questions about why the church itself cannot ensure more intensive protection.<\/p>\n\n\n\n<p>\u201cThis isn\u2019t even a sensible mode of legislating, let alone one that passes constitutional muster,\u201d he said. \u201cIf New York is concerned, as it should be, about the safety and security of its religious houses of worship, I think what it should be doing is giving ministers the exact same right.\u201d<\/p>\n\n\n\n<p>Spencer echoed this sentiment, saying he\u2019s \u201cflabbergasted\u201d over the government\u2019s attempts to \u201coverpower our First Amendment to demand the church obey the government.\u201d<\/p>\n\n\n\n<p>\u201cThat is where we are taking a stance, because \u2026 they should not have the right to dictate to the church what we cannot do inside of our building,\u201d he said. \u201cI\u2019m amazed at their boldness to stand forth and to put regulations against the church.\u201d<\/p>\n\n\n\n<p>Spencer said he\u2019s hoping this lawsuit successfully helps overturn the law and allows churches like his own to protect parishioners, including young children.<\/p>\n\n\n\n<p>\u201cThe governor has never visited this church. She has no clue who we are, what we do, or how we do,\u201d he said of Democratic Gov. Kathy Hochul. \u201cYet the imposition was extreme.\u201d<\/p>\n\n\n\n<p>The preacher added, \u201cIt is quite confusing to me \u2026 how the government is trying to slowly erode our rights as American citizens.\u201d<\/p>\n\n\n\n<p><strong>Original Article:<\/strong> <a href=\"https:\/\/www.faithwire.com\/2022\/11\/18\/pastor-sues-ny-over-house-of-worship-gun-ban-warns-of-extreme-second-amendment-crackdown\/\">https:\/\/www.faithwire.com\/2022\/11\/18\/pastor-sues-ny-over-house-of-worship-gun-ban-warns-of-extreme-second-amendment-crackdown\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>FILE &#8211; John Deloca, owner of Seneca Sporting Range, prepares to fire his 9mm semi-automatic handgun during a shooting demonstration at his gun range, June 23, 2022, in New York. A lawyer challenging provisions of New York&#8217;s new gun law argued that the state restricts people from carrying weapons in too many places, telling a federal judge Thursday, Sept. 29, 2022, the rules affect not only people on busy Manhattan streets but an upstate pastor on his church&#8217;s property. (AP [&hellip;]<\/p>\n","protected":false},"author":37,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[13],"tags":[],"class_list":["post-3117","post","type-post","status-publish","format-standard","hentry","category-individual-liberty"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts\/3117","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/users\/37"}],"replies":[{"embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3117"}],"version-history":[{"count":1,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts\/3117\/revisions"}],"predecessor-version":[{"id":3119,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts\/3117\/revisions\/3119"}],"wp:attachment":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3117"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3117"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}