Page:Spencer v. Nigrelli.pdf/3

 campuses” before the houses of worship exclusion went into effect. Id. ¶ 43. In addition, to “ensure the ability to protect the Church and its worshippers in case of violent confrontation, Pastor Spencer allowed churchgoers to carry concealed firearms at both of the Church’s New York campuses before” the exclusion was enacted. Id. ¶ 45.

Plaintiffs allege that the place of worship exclusion “is a compendium of constitutional infirmities” that infringes on Pastor Spencer’s and the Church’s “rights to freely engage in religious exercise, to exercise autonomy over the Church’s internal affairs, and to carry firearms to ensure the safety of all persons on the Church’s premises.” Id. ¶ 55. Plaintiffs seek declaratory judgment, monetary damages, and injunctive relief. Id. at 24–25.

The relevant portion of the new statute adds to the Penal Law, as relevant here:

"§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a sensitive location. 1. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location. 2. For the purposes of this section, a sensitive location shall mean: … (c) any place of worship or religious observation …."