Goldstein v. Hochul

Background

Steven Goldstein, individually and on behalf of Congregation Bnei Matisyahu, and Meir Ornstein sued Kathy Hochul, Letitia James, Keechant Sewell, Louis Falco, III, Eric Gonzalez, and Thomas Walsh, each in the official capacity identified in the complaint. The plaintiffs challenged New York Penal Law § 265.01-e(2)(c) and sought an order temporarily preventing the defendants from enforcing it.

The plaintiffs filed the action and a proposed order requesting a temporary restraining order on September 29, 2022. A temporary restraining order is emergency relief intended to prevent immediate harm for a short period. On October 3, 2022, the court denied that request without prejudice because the plaintiffs had not shown immediate and irreparable injury sufficient to meet the requirements for a temporary restraining order. In the same order, the court directed the defendants to show why a longer-lasting order under Rule 65 of the Federal Rules of Civil Procedure should not issue while the case was pending. The parties filed opposition and reply papers before the scheduled October 28 hearing.

October 27 Order

The court ordered Goldstein and Ornstein to provide copies of their New York firearm licenses. It also directed the parties to be prepared to discuss factual questions about when the plaintiffs obtained their licenses, their attendance at religious congregations before and after September 1, 2022, and whether they carried firearms at those congregations. Other questions concerned the size and funding of Congregation Bnei Matisyahu, the plaintiffs’ positions about firearms in places of worship, whether carrying a firearm was part of their religious practice, and whether the challenged law interfered with that practice.

The court also listed questions about the meaning of terms in the challenged statute, including the definitions of a place of worship and a place of religious observation. Finally, it directed the parties to address the historical analysis for firearm regulations described by the Supreme Court in New York State Rifle & Pistol Association Inc. v. Bruen, including historical restrictions involving legislative assemblies, polling places, and courthouses.

What the Order Decided

This order required documents and preparation for the parties’ discussion. It did not grant or deny the requested longer-lasting injunction and did not resolve the plaintiffs’ constitutional or statutory claims. The earlier temporary restraining order had been denied without prejudice. The order was signed by Judge Vernon S. Broderick on October 27, 2022.